Michael Hodge KC (with Mr M Williams) represented the second respondent, instructed by Wotton & Kearney Lawyers.
Australian Communications and Media Authority v V Marketing Australia Pty Ltd (In Liq) (No 4) [2025] FCA 287 concerned the applicant seeking declaratory relief in respect of contraventions of s 11 of the Do Not Call Register Act 2006 (Cth), and the imposition of civil penalties on the second respondent.
The court dismissed claims for injunctive relief and civil penalties sought by the applicant. Whilst declarations of contraventions by the second respondent were made, the court ordered that no pecuniary penalty be imposed. The wider circumstances of the contraventions were extenuating. The second respondent had no actual knowledge of the elements of the contraventions and its actions in response to the applicant’s compliance warnings were reasonable. The proposed penalties were completely inappropriate to promote specific and general deterrence.
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