9 March 2012: The Full Federal Court ordered Optus to pay $3.61 million in civil pecuniary penalties in relation to advertising for the ‘THINK BIGGER’ and ‘SUPERSONIC’ broadband internet plans. This judgment follows a successful appeal by Optus against orders made by Justice Perram that Optus pay civil pecuniary penalties totalling $5.26 million for breaches of the Trade Practices Act 1974. The Full Federal Court allowed the appeal and set aside the penalties originally ordered on the basis that the primary judge erred in making certain factual findings. Those findings had not been sought by the ACCC.
Full story here. Full text of decision here.