Director, Consumer Affairs Victoria v Vic Solar Pty Ltd (No 3)

In the case of Director, Consumer Affairs Victoria v Vic Solar Pty Ltd (No 3), the Federal Court was tasked with determining the appropriate form of declaratory relief in light of the previous finding of liability against Vic Solar and Mr Srinivasan for multiple breaches of consumer law. The court had already determined that Vic Solar had contravened several sections of the Australian Consumer Law, and Mr Srinivasan was involved in certain of these breaches. The court was now required to decide on the form of declarations that would accurately and concisely reflect the contraventions identified in the previous judgment.

The legal issue before the court was the appropriate form of declaratory relief. The applicant had proposed certain declarations, but the court found these to be insufficient. The court noted that the purpose of declaratory relief is to clearly state the Court's determination of a right, duty, or liability, and that the declarations must explain the basis for the contravention. The court observed that the applicant's proposed declarations did not sufficiently explain why the contraventions occurred, which was necessary for the declarations to be informative and useful.

The court held that the declarations proposed by the applicant were inadequate because they did not provide the necessary explanation for the contraventions. The court emphasised that declarations must accurately reflect the impugned conduct in a concise way and convey a limited and accurate message to those who have an interest in its subject matter. The court made substantial revisions to the form of the declarations proposed by the applicant to ensure that they met these requirements.

The court ordered that Vic Solar and Mr Srinivasan pay the applicant's costs of the proceeding to date and set a timetable for the hearing regarding penalties and other relief. The applicant was required to file and serve submissions or evidence in support of the application for penalties and other relief by 19 March 2021, while the respondents were required to file and serve any submissions or evidence in response by 9 April 2021. The applicant could file any material in reply by 16 April 2021.