SingTel Optus Pty Limited v Australian Football League

SingTel Optus Pty Limited sought to have the Australian Football League held in contempt of court for statements that were allegedly misleading and deceptive in contravention of section 18 of the Australian Consumer Law. The Federal Court considered the matter on an application for an interlocutory injunction and an order for contempt. The court was required to determine whether the conduct of the Australian Football League, in making statements about the use of 5G technology in relation to the use of 5G technology, was misleading or deceptive. The court also had to consider whether the conduct was in trade or commerce.

The court held that the statements did not contravene section 18 of the Australian Consumer Law. It found that the conduct was not misleading or deceptive in the circumstances of the case. The court noted that it was not bound by the judgment of the Court in previous cases and was entitled to make its own assessment of the evidence before it. The court also held that the conduct was not in trade or commerce because the statements were made in the context of a regulatory proceeding and not in the course of commercial activities. The court dismissed the application and ordered that the applicants pay the respondents’ costs, as agreed or taxed.