Brambles Holdings Ltd v Trade Practices Commission (No 2)

Brambles Holdings Ltd sought judicial review of proceedings commenced by the Trade Practices Commission against it for alleged breaches of the Trade Practices Act. The Federal Court was called upon to determine whether the Trade Practices Commission had the authority to serve a notice under section 155 of the Trade Practices Act after proceedings for a penalty had been commenced, whether the service of such a notice constituted a contempt of Court, and whether a penalty was appropriate. The court found that section 155 did not vest the power in a member of the Trade Practices Commission to serve a notice under it after proceedings for a penalty had been commenced, and that the service of the notice did not constitute a contempt of Court. The court also found that a penalty was not appropriate in the circumstances of the case. The Court ordered that the Trade Practices Commission pay Brambles Holdings Ltd's costs of the motion as between solicitor and client.