Commissioner for Fair Trading v Holz

The case before the Supreme Court of Western Australia was brought by the Commissioner for Fair Trading against Renee-Peter Holz and Katharina Isobell Holz. The Commissioner alleged that the Holzes engaged in conduct contrary to s 14(1) of the Fair Trading Act 1987 (WA), by misleading members of the public to pay for photographs and promotional services on the Internet, with the promise of obtaining paid employment as photographic models. The Holzes had previously given undertakings to the court to refrain from certain conduct, including representing themselves as 'model consultants' or 'talent scouts', identifying themselves as affiliated with the International Freelance Models Organisation (USA), and representing advertisements for models from other websites as 'job or employment opportunities'. Katharina Holz was alleged to have breached these undertakings by handing out business cards that still contained the prohibited language. The central legal issue was whether Katharina Holz's actions in handing out the business cards were deliberate and intentional, despite her explanations for the breaches.

The Court found that Katharina Holz's explanations for the breaches were not credible. The Court noted that the deletions on the business cards handed out were made with a biro, not the black felt pen that Holz claimed to have used in compliance with the court's undertaking. The Court was also skeptical of Holz's explanation that the cards were mixed up. The Court concluded that Holz was fully aware of the requirements of the undertaking and deliberately chose what to cross out on the cards, knowing what was required of her. The Court accepted that Holz's actions in handing out the cards to Ms Watkins and Ms Hawes were deliberate and intentional.

The Court found Katharina Holz in contempt of court for deliberately and intentionally breaching the court's undertakings. The Court will proceed to determine an appropriate punishment, taking into account submissions and a plea in mitigation, in accordance with the principles applicable to sentencing.