ACCC v Halkalia Pty Ltd

Counsel for the Applicant: Ms L Nichols

Solicitor for the Applicant: Corrs Chambers Westgarth

Counsel for the First, Second, Third, Fourth and Fifth Respondents: No appearance

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 362 of 2011

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

NATIONAL SEMI-RETIRED GROUP PTY LTD ACN 080 966 454

JUDGE: TRACEY J DATE OF ORDER: 28 MAY 2012 WHERE MADE: MELBOURNE

1. The first respondent, between 10 February 2010 and 10 April 2010, in trade or commerce: (a) in contravention of s 52 of the Trade Practices Act 1974 (Cth) ("the TPA"), engaged in conduct that was misleading or deceptive or likely to mislead and deceive; and (b) in contravention of s 59(2) of the TPA, made false or misleading representations concerning the profitability of a business activity in which it invited other persons to participate, requiring the investment of money by them and the performance by them of work associated with the investment, by causing the publication of the 84 advertisements described in items 1 to 84 of Schedule A to these orders, by which the first respondent represented by each advertisement that: (i) the advertised business, once acquired by a purchaser, had the potential to generate weekly earnings for the purchaser in the stated amount (projected earnings); (ii) there was a realistic prospect that the advertised business, once acquired by a purchaser, would generate the projected earnings; and (iii) there was a reasonable basis for potential purchasers to expect that the advertised business would generate the projected earnings, whereas in fact: (A) the first respondent did not have reasonable grounds for making any of the representations; (B) the advertised business, once acquired by a purchaser, did not have the potential to generate the projected earnings; (C) there was no realistic prospect that the advertised business, once acquired by a purchaser, would generate the projected earnings; and (D) there was no reasonable basis for potential purchasers to expect that the advertised business would generate the projected earnings.
2. The first respondent, between 8 May 2010 and 15 May 2010, in trade or commerce: (a) in contravention of s 52 of the TPA, engaged in conduct that was misleading or deceptive or likely to mislead and deceive; and (b) in contravention of s 59(2) of the TPA, made false or misleading representations concerning the profitability of a business activity in which it invited other persons to participate, requiring the investment of money by them and the performance by them of work associated with the investment, by causing the publication of the 10 advertisements described in items 85 to 94 of Schedule A to these orders, by which the first respondent represented by each advertisement that: (i) the advertised business, once acquired by a purchaser, had the potential to generate weekly earnings for the purchaser in the stated amount (projected earnings); (ii) there was a realistic prospect that the advertised business, once acquired by a purchaser, would generate the projected earnings; and (iii) there was a reasonable basis for potential purchasers to expect that the advertised business would generate the projected earnings, whereas in fact: (A) the first respondent did not have reasonable grounds for making any of the representations; (B) the advertised business, once acquired by a purchaser, did not have the potential to generate the projected earnings; (C) there was no realistic prospect that the advertised business, once acquired by a purchaser, would generate the projected earnings; and (D) there was no reasonable basis for potential purchasers to expect that the advertised business would generate the projected earnings.
3. The second respondent, between 20 October 2007 and 10 October 2009, in trade or commerce: (a) in contravention of s 52 of the TPA, engaged in conduct that was misleading or deceptive or likely to mislead and deceive; and (b) in contravention of s 59(2) of the TPA, made false or misleading representations concerning the profitability of a business activity in which it invited other persons to participate, requiring the investment of money by them and the performance by them of work associated with the investment, by causing the publication of the 738 advertisements described in Schedule B to these orders, by which the second respondent represented by each advertisement that: (i) the advertised business, once acquired by a purchaser, had the potential to generate weekly earnings for the purchaser in the stated amount (projected earnings); (ii) there was a realistic prospect that the advertised business, once acquired by a purchaser, would generate the projected earnings; and (iii) there was a reasonable basis for potential purchasers to expect that the advertised business would generate the projected earnings; whereas in fact: (A) the second respondent did not have reasonable grounds for making any of the representations; (B) the advertised business, once acquired by a purchaser, did not have the potential to generate the projected earnings; (C) there was no realistic prospect that the advertised business, once acquired by a purchaser, would generate the projected earnings; and (D) there was no reasonable basis for potential purchasers to expect that the advertised business would generate the projected earnings.
4. The third respondent, between 10 January 2007 and 30 September 2009, in trade or commerce: (a) in contravention of s 52 of the TPA, engaged in conduct that was misleading or deceptive or likely to mislead and deceive; and (b) in contravention of s 59(2) of the TPA, made false or misleading representations concerning the profitability of a business activity in which it invited other persons to participate, requiring the investment of money by them and the performance by them of work associated with the investment, by causing the publication of the 17 advertisements described in Schedule C to these orders, by which the third respondent represented by each advertisement that: (i) the advertised business, once acquired by a purchaser, had the potential to generate weekly earnings for the purchaser in the stated amount (projected earnings); (ii) there was a realistic prospect that the advertised business, once acquired by a purchaser, would generate the projected earnings; and (iii) there was a reasonable basis for potential purchasers to expect that the advertised business would generate the projected earnings; whereas in fact: (A) the third respondent did not have reasonable grounds for making any of the representations; (B) the advertised business, once acquired by a purchaser, did not have the potential to generate the projected earnings; (C) there was no realistic prospect that the advertised business, once acquired by a purchaser, would generate the projected earnings; and there was no reasonable basis for potential purchasers to expect that the advertised business would generate the projected earnings.
5. The fourth respondent: (a) was directly or indirectly knowingly concerned in, and a party to; or (b) aided and abetted, counselled or procured, the contraventions by each of the first, second and third respondents of ss 52 and 59(2) of the TPA referred to in paragraphs 1, 3 and 4 respectively of these orders.
6. The fourth respondent: (a) was directly or indirectly knowingly concerned in, and a party to; or (b) aided and abetted, counselled or procured, the contraventions by the first respondent of ss 52 and 59(2) of the TPA referred to in paragraph 2 of these orders.
7. The fourth respondent, in trade or commerce in contravention of s 59(2) of the TPA, made false or misleading representations concerning the profitability of a business activity in which he invited other persons to participate, requiring the investment of money by them and the performance by them of work associated with the investment: (a) by causing certain letters to be sent by mail between about June 2007 and April 2010 to persons who had expressed an interest in acquiring a distribution business, by which the fourth respondent represented that: (i) the advertised business, once acquired by a purchaser (and established, fully established or after a start up period as the case may be), had the potential to generate weekly earnings for the purchaser in the stated amount (projected earnings); (ii) there was a realistic prospect that the advertised business, once acquired by a purchaser (and established, fully established or after a start up period as the case may be), would generate the projected earnings; (iii) there was a reasonable basis for potential purchasers to expect that the advertised business once acquired by a purchaser (and established, fully established or after a start up period as the case may be), would generate the projected earnings; whereas in fact: (A) the fourth respondent did not have reasonable grounds for making any of the representations; (B) the advertised business, once acquired by a purchaser, did not have the potential to generate the projected earnings; (C) there was no realistic prospect that the advertised business, once acquired by a purchaser, would generate the projected earnings; and (D) there was no reasonable basis for potential purchasers to expect that the advertised business would generate the projected earnings; and (b) by making the statements in certain telephone conversations between April 2007 and December 2009 concerning an advertised distribution business, by which the fourth respondent represented that: (i) the advertised business, once acquired by a purchaser, had the potential to generate weekly earnings for the purchaser in the stated amount (projected earnings); (ii) there was a realistic prospect that the advertised business, once acquired by a purchaser, would generate the projected earnings; (iii) there was a reasonable basis for potential purchasers to expect that the advertised business, once acquired by a purchaser, would generate the projected earnings; whereas in fact: (A) the fourth respondent did not have reasonable grounds for making any of the representations; (B) the advertised business, once acquired by a purchaser, did not have the potential to generate the projected earnings; (C) there was no realistic prospect that the advertised business, once acquired by a purchaser, would generate the projected earnings; and (D) there was no reasonable basis for potential purchasers to expect that the advertised business would generate the projected earnings.
8. The fourth respondent, in trade or commerce in contravention of s 59(2) of the TPA, made false or misleading representations concerning the profitability of a business activity in which he invited other persons to participate, requiring the investment of money by them and the performance by them of work associated with the investment by making statements in a telephone conversation with Ms Carole Cox on 9 May 2010 concerning an advertised distribution business, by which the fourth respondent represented that: (a) the advertised business, once acquired by a purchaser, had the potential to generate weekly earnings for the purchaser in the stated amount (projected earnings); (b) there was a realistic prospect that the advertised business, once acquired by a purchaser, would generate the projected earnings; (c) there was a reasonable basis for potential purchasers to expect that the advertised business, once acquired by a purchaser, would generate the projected earnings; whereas in fact: (i) the fourth respondent did not have reasonable grounds for making any of the representations; (ii) the advertised business, once acquired by a purchaser, did not have the potential to generate the projected earnings; (iii) there was no realistic prospect that the advertised business, once acquired by a purchaser, would generate the projected earnings; and (iv) there was no reasonable basis for potential purchasers to expect that the advertised business would generate the projected earnings. THE COURT ORDERS THAT: Injunctions
9. Pursuant to s 232 of Schedule 2 of the Competition and Consumer Act 2010 (Cth) containing the Australian Consumer Law ("the ACL"), each of the first, second, third and fourth respondents be restrained, for a period of 15 years from the date of the court's order, whether by themselves, their agents, servants or howsoever otherwise, in trade or commerce, from carrying on a business or supplying goods or services: (a) by which or in connection with which persons are invited to invest money or perform work; or (b) by which or in connection with which any claim is made that moneys or profits earned by the sale of goods or services are donated to charity; or (c) where the goods or services concerned are or include household cleaning products.
10. Pursuant to s 232 of the ACL, each of the first, second, third and fourth respondents be restrained, for a period of 15 years from the date of the court's order, whether by themselves, their agents, servants or howsoever otherwise, in trade or commerce, from: (a) inviting any person to invest money or perform work in a business activity; or (b) making any representation concerning the profitability of a business activity in respect of which the respondent invites any person to invest money or perform work.
11. Pursuant to s 232 of the ACL, the fourth respondent be restrained, for a period of 15 years from the date of the court's order, whether by himself, his agents, servants or howsoever otherwise, in trade or commerce, from being in any way directly or indirectly, knowingly concerned in or a party to, or aiding and abetting, counselling or procuring conduct of any of the first, second or third respondents or any other corporation, in carrying on a business or supplying goods or services: (a) by which or in connection with which persons are invited to invest money or perform work; or (b) by which or in connection with which any claim is made that moneys or profits earned by the sale of goods or services are donated to charity; or (c) where the goods or services concerned are or include household cleaning products.
12. Pursuant to s 232 of the ACL, the fourth respondent be restrained, for a period of 15 years from the date of the court's order, whether by himself, his agents, servants or howsoever otherwise, in trade or commerce, from being in any way directly or indirectly, knowingly concerned in or a party to, or aiding and abetting, counselling or procuring conduct of any of the first, second or third respondents or any other corporation, in: (a) inviting any person to invest money or perform work in a business activity; or (b) making any representation concerning the profitability of a business activity in respect of which the respondent invites any person to invest money or perform work.
13. Pursuant to s 232 of the ACL, each of the first, second, third and fourth respondents be restrained, for a period of 15 years from the date of the court's order, whether by themselves, their agents, servants or howsoever otherwise, in trade or commerce, from making representations in relation to a business activity or opportunity to the effect that: (a) the business, once acquired by a purchaser, has the potential to generate earnings for the purchaser in any particular amount (projected earnings); or (b) there is a realistic prospect that the business, once acquired by a purchaser, would generate the projected earnings; or (c) there is a reasonable basis for potential purchasers to expect that the business would generate the projected earnings; unless such a respondent has reasonable grounds for the making of such representations.
14. Pursuant to s 232 of the ACL, the fourth respondent be restrained, for a period of 15 years from the date of the court's order, whether by himself, his servants, agents or otherwise, from being directly or indirectly knowingly concerned in, or a party to, the conduct, in trade or commerce, of any corporation, in making representations in relation to a business activity or opportunity to the effect that: (a) the business, once acquired by a purchaser, has the potential to generate earnings for the purchaser in any particular amount (projected earnings); or (b) there is a realistic prospect that the business, once acquired by a purchaser, would generate the projected earnings; or (c) there is a reasonable basis for potential purchasers to expect that the business would generate the projected earnings; unless the corporation has reasonable grounds for the making of such representations. Penalties
15. Pursuant to s 76E of the TPA the first respondent pay a civil penalty in respect of the contraventions referred to in Declaration 2 in the total amount of $450,000.
16. Pursuant to s 76E of the TPA that the fourth respondent pay a civil penalty in respect of the contraventions referred to in Declarations 6 and 8 in the total amount of $450,000. Other orders
17. Pursuant to s 86E(1B) of the TPA that the fourth respondent be disqualified from managing corporations for a period of 15 years from the date of the Court's order.
18. The Reasons for Judgment with the seal of the Court affixed thereon be retained on the Court file for the purposes of s 83 of the TPA.
19. The first, second, third and fourth respondents pay the applicant's costs of and incidental to the proceedings, as agreed or assessed.

(A) REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR

(B) DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU TO ABSTAIN FROM DOING,

YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT.

ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011 SCHEDULE A Item Publication Date Publication Name Publisher 1 10 February 2010 The West Australian West Australian Newspapers Limited 2 12 February 2010 Hervey Bay Observer APN News and Media Limited 3 12 February 2010 The Gold Coast Bulletin News Ltd 4 13 February 2010 Fraser Coast Chronicle APN News and Media Limited 5 13 February 2010 The Advertiser (Adelaide) News Ltd 6 13 February 2010 The Gold Coast Bulletin News Ltd 7 13 February 2010 The West Australian West Australian Newspapers Limited 8 15 February 2010 Southern Weekly Fairfax Media Limited 9 16 February 2010 The Advertiser (Adelaide) News Ltd 10 17 February 2010 Barossa Herald Fairfax Media Limited 11 17 February 2010 Northern Argus Fairfax Media Limited 12 17 February 2010 The West Australian West Australian Newspapers Limited 13 17 February 2010 Transcontinental Fairfax Media Limited 14 17 February 2010 Wollongong Advertiser Fairfax Media Limited 15 18 February 2010 Forbes Advocate Fairfax Media Limited 16 18 February 2010 South Western Times West Australian Newspapers Limited 17 19 February 2010 Parkes Champion Post Fairfax Media Limited 18 20 February 2010 Forbes Advocate Fairfax Media Limited 19 20 February 2010 Fraser Coast Chronicle APN News and Media Limited 20 20 February 2010 Gympie Times APN News and Media Limited 21 20 February 2010 Illawarra Mercury Fairfax Media Limited 22 20 February 2010 Kalgoorlie Miner West Australian Newspapers Limited 23 20 February 2010 Queensland Times APN News and Media Limited 24 20 February 2010 Rockhampton Morning Bulletin APN News and Media Limited 25 20 February 2010 The West Australian West Australian Newspapers Limited 26 23 February 2010 Forbes Advocate Fairfax Media Limited 27 05 March 2010 Hervey Bay Observer APN News and Media Limited 28 05 March 2010 Parkes Champion Post Fairfax Media Limited 29 06 March 2010 Central Western Daily Fairfax Media Limited 30 06 March 2010 Daily Liberal Dubbo Fairfax Media Limited 31 06 March 2010 Forbes Advocate Fairfax Media Limited 32 06 March 2010 Fraser Coast Chronicle APN News and Media Limited 33 06 March 2010 Gympie Times APN News and Media Limited 34 06 March 2010 Illawarra Mercury Fairfax Media Limited 35 06 March 2010 Kalgoorlie Miner West Australian Newspapers Limited 36 06 March 2010 Newcastle Herald Fairfax Media Limited 37 06 March 2010 Queensland Times APN News and Media Limited 38 06 March 2010 Rockhampton Morning Bulletin APN News and Media Limited 39 06 March 2010 The Advertiser (Adelaide) News Ltd 40 06 March 2010 The Courier Mail (Brisbane) News Ltd 41 06 March 2010 The West Australian West Australian Newspapers Limited 42 06 March 2010 Toowoomba Chronicle APN News and Media Limited 43 06 March 2010 Western Advocate Bathurst Fairfax Media Limited 44 09 March 2010 Bunbury Herald West Australian Newspapers Limited 45 09 March 2010 The Advertiser (Adelaide) News Ltd 46 10 March 2010 Barossa Herald Fairfax Media Limited 47 10 March 2010 Northern Argus Fairfax Media Limited 48 10 March 2010 The West Australian West Australian Newspapers Limited 49 10 March 2010 Town & Country Trading Post APN News and Media Limited 50 10 March 2010 Transcontinental Fairfax Media Limited 51 10 March 2010 Wollongong Advertiser Fairfax Media Limited 52 11 March 2010 South Western Times West Australian Newspapers Limited 53 11 March 2010 Victor Harbor Times Fairfax Media Limited 54 13 March 2010 The West Australian West Australian Newspapers Limited 55 15 March 2010 Southern Weekly Fairfax Media Limited 56 17 March 2010 The West Australian West Australian Newspapers Limited 57 27 March 2010 The Courier Mail (Brisbane) News Ltd 58 29 March 2010 The Sydney Morning Herald Fairfax Media Limited 59 31 March 2010 Barossa Herald Fairfax Media Limited 60 31 March 2010 Northern Argus Fairfax Media Limited 61 31 March 2010 The Advertiser (Adelaide) News Ltd 62 31 March 2010 The Courier Mail (Brisbane) News Ltd 63 31 March 2010 The Sydney Morning Herald Fairfax Media Limited 64 31 March 2010 The West Australian West Australian Newspapers Limited 65 31 March 2010 Transcontinental Fairfax Media Limited 66 31 March 2010 Wollongong Advertiser Fairfax Media Limited 67 01 April 2010 Forbes Advocate Fairfax Media Limited 68 01 April 2010 The Rural Fairfax Media Limited 69 02 April 2010 Hervey Bay Observer APN News and Media Limited 70 02 April 2010 Parkes Champion Post Fairfax Media Limited 71 03 April 2010 Central Western Daily Fairfax Media Limited 72 03 April 2010 Fraser Coast Chronicle APN News and Media Limited 73 03 April 2010 Illawarra Mercury Fairfax Media Limited 74 03 April 2010 Newcastle Herald Fairfax Media Limited 75 03 April 2010 Sunshine Coast Daily APN News and Media Limited 76 03 April 2010 The Advertiser (Adelaide) News Ltd 77 03 April 2010 The Sydney Morning Herald Fairfax Media Limited 78 03 April 2010 The West Australian West Australian Newspapers Limited 79 03 April 2010 Toowoomba Chronicle APN News and Media Limited 80 07 April 2010 Newcastle & Lake Macquarie Star Fairfax Media Limited 81 07 April 2010 The West Australian West Australian Newspapers Limited 82 07 April 2010 Town & Country Trading Post APN News and Media Limited 83 08 April 2010 Midstate Observer Fairfax Media Limited 84 10 April 2010 The West Australian West Australian Newspapers Limited 85 08 May 2010 Newcastle Herald Fairfax Media Limited 86 08 May 2010 The Advertiser (Adelaide) News Ltd 87 08 May 2010 The Courier Mail (Brisbane) News Ltd 88 08 May 2010 The Gold Coast Bulletin News Ltd 89 08 May 2010 The Sydney Morning Herald Fairfax Media Limited 90 11 May 2010 The Advertiser (Adelaide) News Ltd 91 12 May 2010 Northern Argus Fairfax Media Limited 92 12 May 2010 Sound Telegraph West Australian Newspapers Limited 93 12 May 2010 The Leader Fairfax Media Limited 94 15 May 2010 Newcastle Herald Fairfax Media Limited

SCHEDULE B Item Publication Date Publication Name Publisher 1 20 October 2007 The Northern Star APN News and Media Ltd (APN) 2 27 October 2007 The Northern Star APN 3 04 July 2008 The Area News Fairfax Media Limited (Fairfax) 4 18 July 2008 The Area News Fairfax 5 10 January 2009 Bundaberg News Mail APN 6 10 January 2009 Coffs Coast Advocate APN 7 10 January 2009 Fraser Coast Chronicle APN 8 10 January 2009 Gladstone Observer APN 9 10 January 2009 Grafton Daily Examiner APN 10 10 January 2009 Gympie Times APN 11 10 January 2009 The Northern Star APN 12 10 January 2009 Tweed Daily News APN 13 13 January 2009 Gilgandra Weekly Fairfax (Rural Press) 14 13 January 2009 Port Macquarie Express Fairfax (Rural Press) 15 14 January 2009 Bellingen Courier Shire Chr Fairfax (Rural Press) 16 14 January 2009 Great Lakes Advocate Fairfax (Rural Press) 17 14 January 2009 Armidale Express Extra Fairfax (Rural Press) 18 14 January 2009 Tamworth Times Fairfax (Rural Press) 19 14 January 2009 Augusta Margaret River Mail Fairfax (Rural Press) 20 14 January 2009 Bunbury Mail Fairfax (Rural Press) 21 14 January 2009 Busselton Dunsborough Mail Fairfax (Rural Press) 22 14 January 2009 Barossa Light Herald Fairfax (Rural Press) 23 14 January 2009 Flinders News Fairfax (Rural Press) 24 14 January 2009 Canowindra News Fairfax (Rural Press) 25 14 January 2009 Cessnock Advertiser Fairfax (Rural Press) 26 14 January 2009 Hunter Valley News Fairfax (Rural Press) 27 14 January 2009 Dubbo Mailbox Shopper Fairfax (Rural Press) 28 14 January 2009 Maryborough Herald APN 29 14 January 2009 Milton Ulladulla Times Fairfax (Rural Press) 30 14 January 2009 Northern Argus Fairfax (Rural Press) 31 14 January 2009 Riverina Leader Fairfax (Rural Press) 32 15 January 2009 Coffs Harbour Independent Fairfax (Rural Press) 33 15 January 2009 Nambucca Guardian News Fairfax (Rural Press) 34 15 January 2009 Glen Innes Examiner Fairfax (Rural Press) 35 15 January 2009 Guyra Argus Fairfax (Rural Press) 36 15 January 2009 Mandurah Mail Fairfax (Rural Press) 37 15 January 2009 Eyre Peninsula Tribune Fairfax (Rural Press) 38 15 January 2009 Murray Valley Standard Fairfax (Rural Press) 39 15 January 2009 Port Pirie Recorder Fairfax (Rural Press) 40 15 January 2009 Whyalla News Fairfax (Rural Press) 41 15 January 2009 Bathurst Western Times Fairfax (Rural Press) 42 15 January 2009 Blayney Shire Chronicle Fairfax (Rural Press) 43 15 January 2009 Orange Midstate Observer Fairfax (Rural Press) 44 15 January 2009 Lower Hunter Star Fairfax (Rural Press) 45 15 January 2009 Scone Advocate Fairfax (Rural Press) 46 15 January 2009 Bowral Highlands Post Fairfax (Rural Press) 47 15 January 2009 Crookwell Gazette Fairfax (Rural Press) 48 15 January 2009 Shoalhaven Nowra News Fairfax (Rural Press) 49 15 January 2009 The Post Weekly (Goulburn) Fairfax (Rural Press) 50 15 January 2009 Port Lincoln Times Fairfax (Rural Press) 51 15 January 2009 Albany Great Southern Weekend Fairfax (Rural Press) 52 15 January 2009 Geraldton Midwest Times Fairfax (Rural Press) 53 15 January 2009 Gold Coast Mail APN 54 15 January 2009 Junee Southern Cross Fairfax (Rural Press) 55 16 January 2009 Port Macquarie News Fairfax (Rural Press) 56 16 January 2009 Armidale Express Fairfax (Rural Press) 57 16 January 2009 Inverell Times Fairfax (Rural Press) 58 16 January 2009 Cowra Guardian Fairfax (Rural Press) 59 16 January 2009 Grenfell Record Fairfax (Rural Press) 60 16 January 2009 Parkes Champion Post Fairfax (Rural Press) 61 16 January 2009 Maitland Mercury Fairfax (Rural Press) 62 16 January 2009 Muswellbrook Chronicle Fairfax (Rural Press) 63 16 January 2009 Singleton Argus Fairfax (Rural Press) 64 16 January 2009 Narromine News Fairfax (Rural Press) 65 16 January 2009 Wellington Times Fairfax (Rural Press) 66 16 January 2009 Batemans Bay Post Fairfax (Rural Press) 67 16 January 2009 Goulburn Post Fairfax (Rural Press) 68 16 January 2009 Queanbeyan Age Fairfax (Rural Press) 69 16 January 2009 Southern Highland News Fairfax (Rural Press) 70 16 January 2009 Yass Tribune Fairfax (Rural Press) 71 16 January 2009 Area News Griffith Fairfax (Rural Press) 72 16 January 2009 Cootamundra Herald Fairfax (Rural Press) 73 16 January 2009 Esperance Express Fairfax (Rural Press) 74 16 January 2009 Leeton Irrigator Fairfax (Rural Press) 75 17 January 2009 Northern Daily Leader Fairfax (Rural Press) 76 17 January 2009 Bathurst Advocate Fairfax (Rural Press) 77 17 January 2009 Central Western Daily Fairfax (Rural Press) 78 17 January 2009 Dubbo Daily Liberal Fairfax (Rural Press) 79 17 January 2009 Wagga Daily Advertiser Fairfax (Rural Press) 80 11 February 2009 Armidale Express Extra Fairfax (Rural Press) 81 11 February 2009 Tamworth Times Fairfax (Rural Press) 82 11 February 2009 Barossa Light Herald Fairfax (Rural Press) 83 11 February 2009 Flinders News Fairfax (Rural Press) 84 11 February 2009 Busselton Dunsborough Mail Fairfax (Rural Press) 85 11 February 2009 Canowindra News Fairfax (Rural Press) 86 11 February 2009 Cessnock Advertiser Fairfax (Rural Press) 87 11 February 2009 Dungog Chronicle Fairfax (Rural Press) 88 11 February 2009 Newcastle Star Fairfax (Rural Press) 89 11 February 2009 Great Lakes Advocate Fairfax (Rural Press) 90 11 February 2009 Northern Argus Fairfax (Rural Press) 91 12 February 2009 Albany Great Southern Weekend Fairfax (Rural Press) 92 12 February 2009 Glen Innes Examiner Fairfax (Rural Press) 93 12 February 2009 Guyra Argus Fairfax (Rural Press) 94 12 February 2009 Eyre Peninsula Tribune Fairfax (Rural Press) 95 12 February 2009 Murray Valley Standard Fairfax (Rural Press) 96 12 February 2009 Port Pirie Recorder Fairfax (Rural Press) 97 12 February 2009 Whyalla News Fairfax (Rural Press) 98 12 February 2009 Collie Mail Fairfax (Rural Press) 99 12 February 2009 Mandurah Mail Fairfax (Rural Press) 100 12 February 2009 Bathurst Western Times Fairfax (Rural Press) 101 12 February 2009 Blayney Shire Chronicle Fairfax (Rural Press) 102 12 February 2009 Forbes Advocate Fairfax (Rural Press) 103 12 February 2009 Lower Hunter Star Fairfax (Rural Press) 104 12 February 2009 Scone Advocate Fairfax (Rural Press) 105 12 February 2009 Coffs Harbour Independent Fairfax (Rural Press) 106 12 February 2009 Nambucca Guardian News Fairfax (Rural Press) 107 12 February 2009 Port Lincoln Times Fairfax (Rural Press) 108 12 February 2009 Crookwell Gazette Fairfax (Rural Press) 109 12 February 2009 Shoalhaven Nowra News Fairfax (Rural Press) 110 12 February 2009 The Post Weekly (Goulburn) Fairfax (Rural Press) 111 13 February 2009 Armidale Express Fairfax (Rural Press) 112 13 February 2009 Inverell Times Fairfax (Rural Press) 113 13 February 2009 Cowra Guardian Fairfax (Rural Press) 114 13 February 2009 Grenfell Record Fairfax (Rural Press) 115 13 February 2009 Parkes Champion Post Fairfax (Rural Press) 116 13 February 2009 Young Witness Fairfax (Rural Press) 117 13 February 2009 Muswellbrook Chronicle Fairfax (Rural Press) 118 13 February 2009 Singleton Argus Fairfax (Rural Press) 119 13 February 2009 Port Macquarie News Fairfax (Rural Press) 120 13 February 2009 Goulburn Post Fairfax (Rural Press) 121 13 February 2009 Queanbeyan Age Fairfax (Rural Press) 122 13 February 2009 Southern Highland News Fairfax (Rural Press) 123 13 February 2009 Cootamundra Herald Fairfax (Rural Press) 124 13 February 2009 Esperance Express Fairfax (Rural Press) 125 14 February 2009 Northern Daily Leader Fairfax (Rural Press) 126 14 February 2009 Bathurst Advocate Fairfax (Rural Press) 127 14 February 2009 The Border Mail Fairfax 128 17 February 2009 Port Macquarie Express Fairfax (Rural Press) 129 18 February 2009 Bunbury Mail Fairfax (Rural Press) 130 18 February 2009 Bellingen Courier Shire Chr Fairfax (Rural Press) 131 18 February 2009 Yass Tribune Fairfax (Rural Press) 132 19 February 2009 Geraldton Midwest Times Fairfax (Rural Press) 133 19 February 2009 Bowral Highlands Post Fairfax (Rural Press) 134 19 February 2009 Glen Innes Examiner Fairfax (Rural Press) 135 19 February 2009 Murray Valley Standard Fairfax (Rural Press) 136 19 February 2009 Port Pirie Recorder Fairfax (Rural Press) 137 19 February 2009 Whyalla News Fairfax (Rural Press) 138 20 February 2009 Armidale Express Fairfax (Rural Press) 139 20 February 2009 Inverell Times Fairfax (Rural Press) 140 20 February 2009 Area News Griffith Fairfax (Rural Press) 141 20 February 2009 Cootamundra Herald Fairfax (Rural Press) 142 20 February 2009 Cowra Guardian Fairfax (Rural Press) 143 20 February 2009 Grenfell Record Fairfax (Rural Press) 144 20 February 2009 Parkes Champion Post Fairfax (Rural Press) 145 20 February 2009 Young Witness Fairfax (Rural Press) 146 20 February 2009 Esperance Express Fairfax (Rural Press) 147 20 February 2009 Goulburn Post Fairfax (Rural Press) 148 20 February 2009 Queanbeyan Age Fairfax (Rural Press) 149 20 February 2009 Southern Highland News Fairfax (Rural Press) 150 20 February 2009 Yass Tribune Fairfax (Rural Press) 151 20 February 2009 Port Macquarie News Fairfax (Rural Press) 152 21 February 2009 The Border Mail Fairfax 153 21 February 2009 Bathurst Advocate Fairfax (Rural Press) 154 21 February 2009 Forbes Advocate Fairfax (Rural Press) 155 21 February 2009 The Advertiser (Adelaide) News Ltd 156 21 February 2009 The Courier Mail (Brisbane) News Ltd 157 21 February 2009 Wagga Daily Advertiser Fairfax (Rural Press) 158 24 February 2009 Great Lakes Advocate Fairfax (Rural Press) 159 24 February 2009 Port Macquarie Express Fairfax (Rural Press) 160 25 February 2009 Armidale Express Extra Fairfax (Rural Press) 161 25 February 2009 Barossa Light Herald Fairfax (Rural Press) 162 25 February 2009 Flinders News Fairfax (Rural Press) 163 25 February 2009 The Transcontinental Fairfax (Rural Press) 164 25 February 2009 Milton Ulladulla Times Fairfax (Rural Press) 165 25 February 2009 Busselton Dunsborough Mail Fairfax (Rural Press) 166 25 February 2009 Cessnock Advertiser Fairfax (Rural Press) 167 25 February 2009 Hunter Valley News Fairfax (Rural Press) 168 25 February 2009 Newcastle Star Fairfax (Rural Press) 169 25 February 2009 Northern Argus Fairfax (Rural Press) 170 25 February 2009 Riverina Leader Fairfax (Rural Press) 171 25 February 2009 Wagga Daily Advertiser Fairfax (Rural Press) 172 26 February 2009 Albany Great Southern Weekend Fairfax (Rural Press) 173 26 February 2009 Geraldton Midwest Times Fairfax (Rural Press) 174 26 February 2009 Glen Innes Examiner Fairfax (Rural Press) 175 26 February 2009 Guyra Argus Fairfax (Rural Press) 176 26 February 2009 Eyre Peninsula Tribune Fairfax (Rural Press) 177 26 February 2009 Murray Valley Standard Fairfax (Rural Press) 178 26 February 2009 Port Pirie Recorder Fairfax (Rural Press) 179 26 February 2009 Whyalla News Fairfax (Rural Press) 180 26 February 2009 Bathurst Western Times Fairfax (Rural Press) 181 26 February 2009 Blayney Shire Chronicle Fairfax (Rural Press) 182 26 February 2009 Forbes Advocate Fairfax (Rural Press) 183 26 February 2009 Bowral Highlands Post Fairfax (Rural Press) 184 26 February 2009 Crookwell Gazette Fairfax (Rural Press) 185 26 February 2009 The Post Weekly (Goulburn) Fairfax (Rural Press) 186 26 February 2009 Hastings Gazette (Wauchope) Fairfax (Rural Press) 187 26 February 2009 Mandurah Mail Fairfax (Rural Press) 188 26 February 2009 Lower Hunter Star Fairfax (Rural Press) 189 26 February 2009 Scone Advocate Fairfax (Rural Press) 190 26 February 2009 Port Lincoln Times Fairfax (Rural Press) 191 26 February 2009 The Rural Fairfax (Rural Press) 192 27 February 2009 Armidale Express Fairfax (Rural Press) 193 27 February 2009 Inverell Times Fairfax (Rural Press) 194 27 February 2009 Cootamundra Herald Fairfax (Rural Press) 195 27 February 2009 Cowra Guardian Fairfax (Rural Press) 196 27 February 2009 Grenfell Record Fairfax (Rural Press) 197 27 February 2009 Parkes Champion Post Fairfax (Rural Press) 198 27 February 2009 Young Witness Fairfax (Rural Press) 199 27 February 2009 Goulburn Post Fairfax (Rural Press) 200 27 February 2009 Queanbeyan Age Fairfax (Rural Press) 201 27 February 2009 Southern Highland News Fairfax (Rural Press) 202 27 February 2009 Yass Tribune Fairfax (Rural Press) 203 27 February 2009 Port Macquarie News Fairfax (Rural Press) 204 27 February 2009 Maitland Mercury Fairfax (Rural Press) 205 27 February 2009 Muswellbrook Chronicle Fairfax (Rural Press) 206 27 February 2009 Singleton Argus Fairfax (Rural Press) 207 27 February 2009 Area News Griffith Fairfax (Rural Press) 208 28 February 2009 The Border Mail Fairfax 209 28 February 2009 Bathurst Advocate Fairfax (Rural Press) 210 28 February 2009 The Advertiser (Adelaide) News Ltd 211 28 February 2009 The Courier Mail (Brisbane) News Ltd 212 28 February 2009 Wagga Daily Advertiser Fairfax (Rural Press) 213 03 March 2009 Port Macquarie Express Fairfax (Rural Press) 214 04 March 2009 Armidale Express Extra Fairfax (Rural Press) 215 04 March 2009 Barossa Light Herald Fairfax (Rural Press) 216 04 March 2009 Flinders News Fairfax (Rural Press) 217 04 March 2009 The Transcontinental Fairfax (Rural Press) 218 04 March 2009 Milton Ulladulla Times Fairfax (Rural Press) 219 04 March 2009 Great Lakes Advocate Fairfax (Rural Press) 220 04 March 2009 Cessnock Advertiser Fairfax (Rural Press) 221 04 March 2009 Hunter Valley News Fairfax (Rural Press) 222 04 March 2009 Newcastle Star Fairfax (Rural Press) 223 04 March 2009 Northern Argus Fairfax (Rural Press) 224 04 March 2009 Riverina Leader Fairfax (Rural Press) 225 04 March 2009 Wagga Daily Advertiser Fairfax (Rural Press) 226 05 March 2009 Guyra Argus Fairfax (Rural Press) 227 05 March 2009 Eyre Peninsula Tribune Fairfax (Rural Press) 228 05 March 2009 Bathurst Western Times Fairfax (Rural Press) 229 05 March 2009 Blayney Shire Chronicle Fairfax (Rural Press) 230 05 March 2009 Bowral Highlands Post Fairfax (Rural Press) 231 05 March 2009 Crookwell Gazette Fairfax (Rural Press) 232 05 March 2009 The Post Weekly (Goulburn) Fairfax (Rural Press) 233 05 March 2009 Hastings Gazette (Wauchope) Fairfax (Rural Press) 234 05 March 2009 Lower Hunter Star Fairfax (Rural Press) 235 05 March 2009 Scone Advocate Fairfax (Rural Press) 236 05 March 2009 Port Lincoln Times Fairfax (Rural Press) 237 05 March 2009 The Rural Fairfax (Rural Press) 238 06 March 2009 Queanbeyan Age Fairfax (Rural Press) 239 06 March 2009 Maitland Mercury Fairfax (Rural Press) 240 06 March 2009 Muswellbrook Chronicle Fairfax (Rural Press) 241 06 March 2009 Singleton Argus Fairfax (Rural Press) 242 07 March 2009 The Advertiser (Adelaide) News Ltd 243 13 March 2009 Queanbeyan Age Fairfax (Rural Press) 244 25 March 2009 Armidale Express Extra Fairfax (Rural Press) 245 25 March 2009 Tamworth Times Fairfax (Rural Press) 246 25 March 2009 Barossa Light Herald Fairfax (Rural Press) 247 25 March 2009 Flinders News Fairfax (Rural Press) 248 25 March 2009 Bunbury Mail Fairfax (Rural Press) 249 25 March 2009 Canowindra News Fairfax (Rural Press) 250 25 March 2009 Colleambally Observer Fairfax (Rural Press) 251 25 March 2009 Riverina Leader Fairfax (Rural Press) 252 25 March 2009 Hunter Valley News Fairfax (Rural Press) 253 25 March 2009 Newcastle Star Fairfax (Rural Press) 254 25 March 2009 Milton Ulladulla Times Fairfax (Rural Press) 255 25 March 2009 Northern Argus Fairfax (Rural Press) 256 26 March 2009 Albany Great Southern Weekend Fairfax (Rural Press) 257 26 March 2009 Geraldton Midwest Times Fairfax (Rural Press) 258 26 March 2009 Glen Innes Examiner Fairfax (Rural Press) 259 26 March 2009 Guyra Argus Fairfax (Rural Press) 260 26 March 2009 Eyre Peninsula Tribune Fairfax (Rural Press) 261 26 March 2009 Murray Valley Standard Fairfax (Rural Press) 262 26 March 2009 Port Pirie Recorder Fairfax (Rural Press) 263 26 March 2009 Whyalla News Fairfax (Rural Press) 264 26 March 2009 Collie Mail Fairfax (Rural Press) 265 26 March 2009 Mandurah Mail Fairfax (Rural Press) 266 26 March 2009 Bathurst Western Times Fairfax (Rural Press) 267 26 March 2009 Blayney Shire Chronicle Fairfax (Rural Press) 268 26 March 2009 Forbes Advocate Fairfax (Rural Press) 269 26 March 2009 Junee Southern Cross Fairfax (Rural Press) 270 26 March 2009 The Rural Fairfax (Rural Press) 271 26 March 2009 Scone Advocate Fairfax (Rural Press) 272 26 March 2009 Crookwell Gazette Fairfax (Rural Press) 273 26 March 2009 The Post Weekly (Goulburn) Fairfax (Rural Press) 274 26 March 2009 Port Lincoln Times Fairfax (Rural Press) 275 26 March 2009 Coffs Harbour Independent Fairfax (Rural Press) 276 27 March 2009 Armidale Express Fairfax (Rural Press) 277 27 March 2009 Inverell Times Fairfax (Rural Press) 278 27 March 2009 Cowra Guardian Fairfax (Rural Press) 279 27 March 2009 Grenfell Record Fairfax (Rural Press) 280 27 March 2009 Parkes Champion Post Fairfax (Rural Press) 281 27 March 2009 Young Witness Fairfax (Rural Press) 282 27 March 2009 Area News Griffith Fairfax (Rural Press) 283 27 March 2009 Leeton Irrigator Fairfax (Rural Press) 284 27 March 2009 Maitland Mercury Fairfax (Rural Press) 285 27 March 2009 Muswellbrook Chronicle Fairfax (Rural Press) 286 27 March 2009 Singleton Argus Fairfax (Rural Press) 287 27 March 2009 Batemans Bay Post Fairfax (Rural Press) 288 27 March 2009 Goulburn Post Fairfax (Rural Press) 289 27 March 2009 Queanbeyan Age Fairfax (Rural Press) 290 27 March 2009 Southern Highland News Fairfax (Rural Press) 291 27 March 2009 Yass Tribune Fairfax (Rural Press) 292 27 March 2009 Cootamundra Herald Fairfax (Rural Press) 293 27 March 2009 Deniliquin Pastoral Times Fairfax (Rural Press) 294 27 March 2009 Esperance Express Fairfax (Rural Press) 295 28 March 2009 Northern Daily Leader Fairfax (Rural Press) 296 28 March 2009 Bathurst Advocate Fairfax (Rural Press) 297 28 March 2009 Wagga Daily Advertiser Fairfax (Rural Press) 298 31 March 2009 Yorke Peninsula Times Fairfax (Rural Press) 299 02 April 2009 Bowral Highlands Post Fairfax (Rural Press) 300 16 April 2009 North Burnett Times APN 301 17 April 2009 Dalby Herald APN 302 17 April 2009 Hervey Bay Observer APN 303 17 April 2009 South Burnett Times APN 304 21 April 2009 The Advertiser (Adelaide) News Ltd 305 22 April 2009 Armidale Express Extra Fairfax (Rural Press) 306 22 April 2009 Tamworth Times Fairfax (Rural Press) 307 22 April 2009 Barossa Light Herald Fairfax (Rural Press) 308 22 April 2009 Flinders News Fairfax (Rural Press) 309 22 April 2009 The Transcontinental Fairfax (Rural Press) 310 22 April 2009 Canowindra News Fairfax (Rural Press) 311 22 April 2009 Cessnock Advertiser Fairfax (Rural Press) 312 22 April 2009 Hunter Valley News Fairfax (Rural Press) 313 22 April 2009 Newcastle Star Fairfax (Rural Press) 314 22 April 2009 Colleambally Observer Fairfax (Rural Press) 315 22 April 2009 Riverina Leader Fairfax (Rural Press) 316 22 April 2009 Great Lakes Advocate Fairfax (Rural Press) 317 22 April 2009 Northern Argus Fairfax (Rural Press) 318 23 April 2009 Albany Great Southern Weekend Fairfax (Rural Press) 319 23 April 2009 Geraldton Midwest Times Fairfax (Rural Press) 320 23 April 2009 Glen Innes Examiner Fairfax (Rural Press) 321 23 April 2009 Guyra Argus Fairfax (Rural Press) 322 23 April 2009 Eyre Peninsula Tribune Fairfax (Rural Press) 323 23 April 2009 Murray Valley Standard Fairfax (Rural Press) 324 23 April 2009 Port Pirie Recorder Fairfax (Rural Press) 325 23 April 2009 Whyalla News Fairfax (Rural Press) 326 23 April 2009 Bathurst Western Times Fairfax (Rural Press) 327 23 April 2009 Blayney Shire Chronicle Fairfax (Rural Press) 328 23 April 2009 Orange Midstate Observer Fairfax (Rural Press) 329 23 April 2009 Lower Hunter Star Fairfax (Rural Press) 330 23 April 2009 Scone Advocate Fairfax (Rural Press) 331 23 April 2009 Junee Southern Cross Fairfax (Rural Press) 332 23 April 2009 The Rural Fairfax (Rural Press) 333 23 April 2009 Coffs Harbour Independent Fairfax (Rural Press) 334 23 April 2009 Hastings Gazette Fairfax (Rural Press) 335 23 April 2009 Nambucca Guardian News Fairfax (Rural Press) 336 23 April 2009 Port Lincoln Times Fairfax (Rural Press) 337 23 April 2009 Collie Mail Fairfax (Rural Press) 338 23 April 2009 Mandurah Mail Fairfax (Rural Press) 339 23 April 2009 Crookwell Gazette Fairfax (Rural Press) 340 23 April 2009 Shoalhaven Nowra News Fairfax (Rural Press) 341 23 April 2009 The Post Weekly (Goulburn) Fairfax (Rural Press) 342 23 April 2009 Gold Coast Mail APN 343 23 April 2009 North Burnett Times APN 344 24 April 2009 Armidale Express Fairfax (Rural Press) 345 24 April 2009 Inverell Times Fairfax (Rural Press) 346 24 April 2009 Cowra Guardian Fairfax (Rural Press) 347 24 April 2009 Grenfell Record Fairfax (Rural Press) 348 24 April 2009 Parkes Champion Post Fairfax (Rural Press) 349 24 April 2009 Young Witness Fairfax (Rural Press) 350 24 April 2009 Maitland Mercury Fairfax (Rural Press) 351 24 April 2009 Muswellbrook Chronicle Fairfax (Rural Press) 352 24 April 2009 Scone Advocate Fairfax (Rural Press) 353 24 April 2009 Area News Griffith Fairfax (Rural Press) 354 24 April 2009 Leeton Irrigator Fairfax (Rural Press) 355 24 April 2009 Macleay Argus Fairfax (Rural Press) 356 24 April 2009 Port Macquarie News Fairfax (Rural Press) 357 24 April 2009 Goulburn Post Fairfax (Rural Press) 358 24 April 2009 Queanbeyan Age Fairfax (Rural Press) 359 24 April 2009 Yass Tribune Fairfax (Rural Press) 360 24 April 2009 Batemans Bay Post Fairfax (Rural Press) 361 24 April 2009 Southern Highland News Fairfax (Rural Press) 362 24 April 2009 Cootamundra Herald Fairfax (Rural Press) 363 24 April 2009 Dalby Herald APN 364 24 April 2009 Esperance Express Fairfax (Rural Press) 365 24 April 2009 Hervey Bay Observer APN 366 24 April 2009 South Burnett Times APN 367 25 April 2009 Northern Daily Leader Fairfax (Rural Press) 368 25 April 2009 Bathurst Advocate Fairfax (Rural Press) 369 25 April 2009 Central Western Daily Fairfax (Rural Press) 370 25 April 2009 Forbes Advocate Fairfax (Rural Press) 371 25 April 2009 Lithgow Mercury Fairfax (Rural Press) 372 25 April 2009 Wagga Daily Advertiser Fairfax (Rural Press) 373 25 April 2009 Bundaberg News Mail APN 374 25 April 2009 Coffs Coast Advocate APN 375 25 April 2009 Fraser Coast Chronicle APN 376 25 April 2009 Gladstone Observer APN 377 25 April 2009 Grafton Daily Examiner APN 378 25 April 2009 Gympie Times APN 379 25 April 2009 Queensland Times APN 380 25 April 2009 Sunshine Coast Daily APN 381 25 April 2009 The Border Mail Fairfax 382 25 April 2009 The Courier Mail (Brisbane) News Ltd 383 25 April 2009 The Northern Star APN 384 25 April 2009 Toowoomba Chronicle APN 385 25 April 2009 Tweed Daily News APN 386 28 April 2009 Yorke Peninsula Times Fairfax (Rural Press) 387 28 April 2009 The Advertiser (Adelaide) News Ltd 388 28 April 2009 Port Macquarie Express Fairfax (Rural Press) 389 29 April 2009 Armidale Express Extra Fairfax (Rural Press) 390 29 April 2009 Tamworth Times Fairfax (Rural Press) 391 29 April 2009 Barossa Light Herald Fairfax (Rural Press) 392 29 April 2009 Flinders News Fairfax (Rural Press) 393 29 April 2009 The Transcontinental Fairfax (Rural Press) 394 29 April 2009 Canowindra News Fairfax (Rural Press) 395 29 April 2009 Cessnock Advertiser Fairfax (Rural Press) 396 29 April 2009 Hunter Valley News Fairfax (Rural Press) 397 29 April 2009 Newcastle Star Fairfax (Rural Press) 398 29 April 2009 Colleambally Observer Fairfax (Rural Press) 399 29 April 2009 Riverina Leader Fairfax (Rural Press) 400 29 April 2009 Great Lakes Advocate Fairfax (Rural Press) 401 29 April 2009 Northern Argus Fairfax (Rural Press) 402 29 April 2009 Bunbury Mail Fairfax (Rural Press) 403 29 April 2009 Milton Ulladulla Times Fairfax (Rural Press) 404 30 April 2009 Albany Great Southern Weekend Fairfax (Rural Press) 405 30 April 2009 Geraldton Midwest Times Fairfax (Rural Press) 406 30 April 2009 Glen Innes Examiner Fairfax (Rural Press) 407 30 April 2009 Guyra Argus Fairfax (Rural Press) 408 30 April 2009 Eyre Peninsula Tribune Fairfax (Rural Press) 409 30 April 2009 Murray Valley Standard Fairfax (Rural Press) 410 30 April 2009 Port Pirie Recorder Fairfax (Rural Press) 411 30 April 2009 Whyalla News Fairfax (Rural Press) 412 30 April 2009 Bathurst Western Times Fairfax (Rural Press) 413 30 April 2009 Blayney Shire Chronicle Fairfax (Rural Press) 414 30 April 2009 Orange Midstate Observer Fairfax (Rural Press) 415 30 April 2009 Lower Hunter Star Fairfax (Rural Press) 416 30 April 2009 Scone Advocate Fairfax (Rural Press) 417 30 April 2009 Junee Southern Cross Fairfax (Rural Press) 418 30 April 2009 The Rural Fairfax (Rural Press) 419 30 April 2009 Coffs Harbour Independent Fairfax (Rural Press) 420 30 April 2009 Hastings Gazette Fairfax (Rural Press) 421 30 April 2009 Nambucca Guardian News Fairfax (Rural Press) 422 30 April 2009 Port Lincoln Times Fairfax (Rural Press) 423 30 April 2009 Collie Mail Fairfax (Rural Press) 424 30 April 2009 Mandurah Mail Fairfax (Rural Press) 425 30 April 2009 Crookwell Gazette Fairfax (Rural Press) 426 30 April 2009 Shoalhaven Nowra News Fairfax (Rural Press) 427 30 April 2009 The Post Weekly (Goulburn) Fairfax (Rural Press) 428 30 April 2009 Bowral Highlands Post Fairfax (Rural Press) 429 30 April 2009 Gold Coast Mail APN 430 01 May 2009 Armidale Express Fairfax (Rural Press) 431 01 May 2009 Inverell Times Fairfax (Rural Press) 432 01 May 2009 Cowra Guardian Fairfax (Rural Press) 433 01 May 2009 Grenfell Record Fairfax (Rural Press) 434 01 May 2009 Parkes Champion Post Fairfax (Rural Press) 435 01 May 2009 Young Witness Fairfax (Rural Press) 436 01 May 2009 Maitland Mercury Fairfax (Rural Press) 437 01 May 2009 Muswellbrook Chronicle Fairfax (Rural Press) 438 01 May 2009 Scone Advocate Fairfax (Rural Press) 439 01 May 2009 Area News Griffith Fairfax (Rural Press) 440 01 May 2009 Leeton Irrigator Fairfax (Rural Press) 441 01 May 2009 Macleay Argus Fairfax (Rural Press) 442 01 May 2009 Port Macquarie News Fairfax (Rural Press) 443 01 May 2009 Goulburn Post Fairfax (Rural Press) 444 01 May 2009 Queanbeyan Age Fairfax (Rural Press) 445 01 May 2009 Yass Tribune Fairfax (Rural Press) 446 01 May 2009 Batemans Bay Post Fairfax (Rural Press) 447 01 May 2009 Southern Highland News Fairfax (Rural Press) 448 01 May 2009 Cootamundra Herald Fairfax (Rural Press) 449 01 May 2009 Esperance Express Fairfax (Rural Press) 450 02 May 2009 Northern Daily Leader Fairfax (Rural Press) 451 02 May 2009 Bathurst Advocate Fairfax (Rural Press) 452 02 May 2009 Central Western Daily Fairfax (Rural Press) 453 02 May 2009 Forbes Advocate Fairfax (Rural Press) 454 02 May 2009 Lithgow Mercury Fairfax (Rural Press) 455 02 May 2009 Wagga Daily Advertiser Fairfax (Rural Press) 456 02 May 2009 The Border Mail Fairfax 457 02 May 2009 The Courier Mail (Brisbane) News Ltd 458 05 May 2009 Yorke Peninsula Times Fairfax (Rural Press) 459 05 May 2009 The Advertiser (Adelaide) News Ltd 460 05 May 2009 Port Macquarie Express Fairfax (Rural Press) 461 06 May 2009 Bunbury Mail Fairfax (Rural Press) 462 06 May 2009 Milton Ulladulla Times Fairfax (Rural Press) 463 07 May 2009 Bowral Highlands Post Fairfax (Rural Press) 464 09 May 2009 The Border Mail Fairfax 465 09 May 2009 The Courier Mail (Brisbane) News Ltd 466 05 June 2009 Maitland Mercury Fairfax (Rural Press) 467 06 June 2009 Bathurst Advocate Fairfax (Rural Press) 468 06 June 2009 Central Western Daily Fairfax (Rural Press) 469 06 June 2009 Northern Daily Leader Fairfax (Rural Press) 470 06 June 2009 Bundaberg News Mail APN 471 06 June 2009 Gladstone Observer APN 472 06 June 2009 Tweed Daily News APN 473 06 June 2009 Wagga Daily Advertiser Fairfax (Rural Press) 474 09 June 2009 Port Macquarie Express Fairfax (Rural Press) 475 09 June 2009 Port Macquarie News Fairfax (Rural Press) 476 10 June 2009 Cessnock Advertiser Fairfax (Rural Press) 477 10 June 2009 Hunter Valley News Fairfax (Rural Press) 478 10 June 2009 Milton Ulladulla Times Fairfax (Rural Press) 479 10 June 2009 Newcastle Star Fairfax (Rural Press) 480 10 June 2009 Yass Tribune Fairfax (Rural Press) 481 10 June 2009 Armidale Express Extra Fairfax (Rural Press) 482 10 June 2009 Tamworth Times Fairfax (Rural Press) 483 10 June 2009 Riverina Leader Fairfax (Rural Press) 484 10 June 2009 Barossa Light Herald Fairfax (Rural Press) 485 10 June 2009 Flinders News Fairfax (Rural Press) 486 10 June 2009 The Transcontinental Fairfax (Rural Press) 487 10 June 2009 Bunbury Mail Fairfax (Rural Press) 488 10 June 2009 Busselton Dunsborough Mail Fairfax (Rural Press) 489 10 June 2009 Northern Argus Fairfax (Rural Press) 490 11 June 2009 Geraldton Midwest Times West Australian Newspapers Limited (WANL) 491 11 June 2009 Bowral Highlands Post Fairfax (Rural Press) 492 11 June 2009 Crookwell Gazette Fairfax (Rural Press) 493 11 June 2009 Lower Hunter Star Fairfax (Rural Press) 494 11 June 2009 Scone Advocate Fairfax (Rural Press) 495 11 June 2009 The Post Weekly (Goulburn) Fairfax (Rural Press) 496 11 June 2009 Bathurst Western Times Fairfax (Rural Press) 497 11 June 2009 Forbes Advocate Fairfax (Rural Press) 498 11 June 2009 Orange Midstate Observer Fairfax (Rural Press) 499 11 June 2009 Junee Southern Cross Fairfax (Rural Press) 500 11 June 2009 Eyre Peninsula Tribune Fairfax (Rural Press) 501 11 June 2009 Murray Valley Standard Fairfax (Rural Press) 502 11 June 2009 Port Pirie Recorder Fairfax (Rural Press) 503 11 June 2009 Victor Harbor Times Fairfax (Rural Press) 504 11 June 2009 Whyalla News Fairfax (Rural Press) 505 11 June 2009 Mandurah Mail Fairfax (Rural Press) 506 11 June 2009 Port Lincoln Times Fairfax (Rural Press) 507 12 June 2009 Batemans Bay Post Fairfax (Rural Press) 508 12 June 2009 Goulburn Post Fairfax (Rural Press) 509 12 June 2009 Maitland Mercury Fairfax (Rural Press) 510 12 June 2009 Muswellbrook Chronicle Fairfax (Rural Press) 511 12 June 2009 Singleton Argus Fairfax (Rural Press) 512 12 June 2009 Southern Highland News Fairfax (Rural Press) 513 12 June 2009 Armidale Express Fairfax (Rural Press) 514 12 June 2009 Cootamundra Herald Fairfax (Rural Press) 515 12 June 2009 Cowra Guardian Fairfax (Rural Press) 516 12 June 2009 Deniliquin Pastoral Times Fairfax (Rural Press) 517 12 June 2009 Grenfell Record Fairfax (Rural Press) 518 12 June 2009 Parkes Champion Post Fairfax (Rural Press) 519 12 June 2009 Young Witness Fairfax (Rural Press) 520 12 June 2009 Area News Griffith Fairfax (Rural Press) 521 12 June 2009 Leeton Irrigator Fairfax (Rural Press) 522 12 June 2009 Esperance Express Fairfax (Rural Press) 523 13 June 2009 Bathurst Advocate Fairfax (Rural Press) 524 13 June 2009 Central Western Daily Fairfax (Rural Press) 525 13 June 2009 Northern Daily Leader Fairfax (Rural Press) 526 13 June 2009 Wagga Daily Advertiser Fairfax (Rural Press) 527 16 June 2009 Port Macquarie Express Fairfax (Rural Press) 528 17 June 2009 Cessnock Advertiser Fairfax (Rural Press) 529 17 June 2009 Hunter Valley News Fairfax (Rural Press) 530 17 June 2009 Milton Ulladulla Times Fairfax (Rural Press) 531 17 June 2009 Newcastle Star Fairfax (Rural Press) 532 17 June 2009 Yass Tribune Fairfax (Rural Press) 533 17 June 2009 Armidale Express Extra Fairfax (Rural Press) 534 17 June 2009 Tamworth Times Fairfax (Rural Press) 535 17 June 2009 Riverina Leader Fairfax (Rural Press) 536 17 June 2009 Barossa Light Herald Fairfax (Rural Press) 537 17 June 2009 Flinders News Fairfax (Rural Press) 538 17 June 2009 The Transcontinental Fairfax (Rural Press) 539 17 June 2009 Bunbury Mail Fairfax (Rural Press) 540 17 June 2009 Busselton Dunsborough Mail Fairfax (Rural Press) 541 17 June 2009 Northern Argus Fairfax (Rural Press) 542 18 June 2009 Geraldton Midwest Times WANL 543 18 June 2009 Bowral Highlands Post Fairfax (Rural Press) 544 18 June 2009 Crookwell Gazette Fairfax (Rural Press) 545 18 June 2009 Lower Hunter Star Fairfax (Rural Press) 546 18 June 2009 Scone Advocate Fairfax (Rural Press) 547 18 June 2009 The Post Weekly (Goulburn) Fairfax (Rural Press) 548 18 June 2009 Bathurst Western Times Fairfax (Rural Press) 549 18 June 2009 Forbes Advocate Fairfax (Rural Press) 550 18 June 2009 Orange Midstate Observer Fairfax (Rural Press) 551 18 June 2009 Junee Southern Cross Fairfax (Rural Press) 552 18 June 2009 Eyre Peninsula Tribune Fairfax (Rural Press) 553 18 June 2009 Murray Valley Standard Fairfax (Rural Press) 554 18 June 2009 Port Pirie Recorder Fairfax (Rural Press) 555 18 June 2009 Victor Harbor Times Fairfax (Rural Press) 556 18 June 2009 Whyalla News Fairfax (Rural Press) 557 18 June 2009 Mandurah Mail Fairfax (Rural Press) 558 18 June 2009 Port Lincoln Times Fairfax (Rural Press) 559 19 June 2009 Batemans Bay Post Fairfax (Rural Press) 560 19 June 2009 Goulburn Post Fairfax (Rural Press) 561 19 June 2009 Muswellbrook Chronicle Fairfax (Rural Press) 562 19 June 2009 Port Macquarie News Fairfax (Rural Press) 563 19 June 2009 Singleton Argus Fairfax (Rural Press) 564 19 June 2009 Southern Highland News Fairfax (Rural Press) 565 19 June 2009 Armidale Express Fairfax (Rural Press) 566 19 June 2009 Cootamundra Herald Fairfax (Rural Press) 567 19 June 2009 Cowra Guardian Fairfax (Rural Press) 568 19 June 2009 Deniliquin Pastoral Times Fairfax (Rural Press) 569 19 June 2009 Grenfell Record Fairfax (Rural Press) 570 19 June 2009 Parkes Champion Post Fairfax (Rural Press) 571 19 June 2009 Young Witness Fairfax (Rural Press) 572 19 June 2009 Area News Griffith Fairfax (Rural Press) 573 19 June 2009 Leeton Irrigator Fairfax (Rural Press) 574 19 June 2009 Esperance Express Fairfax (Rural Press) 575 20 June 2009 Rockhampton Morning Bulletin APN 576 20 June 2009 Sunshine Coast Daily APN 577 20 June 2009 Toowoomba Chronicle APN 578 26 June 2009 South Burnett Times APN 579 27 June 2009 Illawarra Mercury Fairfax 580 27 June 2009 Toowoomba Chronicle APN 581 04 July 2009 Illawarra Mercury Fairfax 582 16 July 2009 Bathurst Western Times Fairfax (Rural Press) 583 16 July 2009 Orange Midstate Observer Fairfax (Rural Press) 584 16 July 2009 Gold Coast Mail APN 585 16 July 2009 Hastings Gazette Fairfax (Rural Press) 586 16 July 2009 Lower Hunter Star Fairfax (Rural Press) 587 16 July 2009 Nambucca Guardian News Fairfax (Rural Press) 588 16 July 2009 Scone Advocate Fairfax (Rural Press) 589 17 July 2009 Armidale Express Fairfax (Rural Press) 590 17 July 2009 Deniliquin Pastoral Times Fairfax (Rural Press) 591 17 July 2009 Parkes Champion Post Fairfax (Rural Press) 592 17 July 2009 Batemans Bay Post Fairfax (Rural Press) 593 17 July 2009 Goulburn Post Fairfax (Rural Press) 594 17 July 2009 Macleay Argus Fairfax (Rural Press) 595 17 July 2009 Maitland Mercury Fairfax (Rural Press) 596 17 July 2009 Muswellbrook Chronicle Fairfax (Rural Press) 597 17 July 2009 Port Macquarie News Fairfax (Rural Press) 598 17 July 2009 Queanbeyan Age Fairfax (Rural Press) 599 17 July 2009 Singleton Argus Fairfax (Rural Press) 600 17 July 2009 Southern Highland News Fairfax (Rural Press) 601 17 July 2009 Area News Griffith Fairfax (Rural Press) 602 17 July 2009 Leeton Irrigator Fairfax (Rural Press) 603 17 July 2009 Esperance Express Fairfax (Rural Press) 604 17 July 2009 South Burnett Times APN 605 18 July 2009 Bathurst Advocate Fairfax (Rural Press) 606 18 July 2009 Central Western Daily Fairfax (Rural Press) 607 18 July 2009 Forbes Advocate Fairfax (Rural Press) 608 18 July 2009 Northern Daily Leader Fairfax (Rural Press) 609 18 July 2009 Wagga Daily Advertiser Fairfax (Rural Press) 610 18 July 2009 Bundaberg News Mail APN 611 18 July 2009 Coffs Coast Advocate APN 612 18 July 2009 Gladstone Observer APN 613 18 July 2009 Grafton Daily Examiner APN 614 18 July 2009 Rockhampton Morning Bulletin APN 615 18 July 2009 Sunshine Coast Daily APN 616 18 July 2009 The Northern Star APN 617 18 July 2009 Toowoomba Chronicle APN 618 18 July 2009 Tweed Daily News APN 619 18 July 2009 Western Advocate Fairfax 620 21 July 2009 Port Macquarie Express Fairfax (Rural Press) 621 22 July 2009 Armidale Express Extra Fairfax (Rural Press) 622 22 July 2009 Finley Southern Riverina Fairfax (Rural Press) 623 22 July 2009 Tamworth Times Fairfax (Rural Press) 624 22 July 2009 Cessnock Advertiser Fairfax (Rural Press) 625 22 July 2009 Great Lakes Advocate Fairfax (Rural Press) 626 22 July 2009 Hunter Valley News Fairfax (Rural Press) 627 22 July 2009 Milton Ulladulla Times Fairfax (Rural Press) 628 22 July 2009 Newcastle Star Fairfax (Rural Press) 629 22 July 2009 Yass Tribune Fairfax (Rural Press) 630 22 July 2009 Colleambally Observer Fairfax (Rural Press) 631 22 July 2009 Riverina Leader Fairfax (Rural Press) 632 22 July 2009 Barossa Light Herald Fairfax (Rural Press) 633 22 July 2009 Flinders News Fairfax (Rural Press) 634 22 July 2009 The Transcontinental Fairfax (Rural Press) 635 22 July 2009 Bunbury Mail Fairfax (Rural Press) 636 22 July 2009 Maryborough Herald APN 637 22 July 2009 Northern Argus Fairfax (Rural Press) 638 23 July 2009 Bathurst Western Times Fairfax (Rural Press) 639 23 July 2009 Orange Midstate Observer Fairfax (Rural Press) 640 23 July 2009 Bowral Highlands Post Fairfax (Rural Press) 641 23 July 2009 Coffs Harbour Independent Fairfax (Rural Press) 642 23 July 2009 Crookwell Gazette Fairfax (Rural Press) 643 23 July 2009 Hastings Gazette Fairfax (Rural Press) 644 23 July 2009 Lower Hunter Star Fairfax (Rural Press) 645 23 July 2009 Nambucca Guardian News Fairfax (Rural Press) 646 23 July 2009 Scone Advocate Fairfax (Rural Press) 647 23 July 2009 The Post Weekly (Goulburn) Fairfax (Rural Press) 648 23 July 2009 Junee Southern Cross Fairfax (Rural Press) 649 23 July 2009 Murray Valley Standard Fairfax (Rural Press) 650 23 July 2009 Port Pirie Recorder Fairfax (Rural Press) 651 23 July 2009 Whyalla News Fairfax (Rural Press) 652 23 July 2009 Mandurah Mail Fairfax (Rural Press) 653 23 July 2009 Gold Coast Mail APN 654 24 July 2009 Armidale Express Fairfax (Rural Press) 655 24 July 2009 Deniliquin Pastoral Times Fairfax (Rural Press) 656 24 July 2009 Parkes Champion Post Fairfax (Rural Press) 657 24 July 2009 Batemans Bay Post Fairfax (Rural Press) 658 24 July 2009 Goulburn Post Fairfax (Rural Press) 659 24 July 2009 Macleay Argus Fairfax (Rural Press) 660 24 July 2009 Maitland Mercury Fairfax (Rural Press) 661 24 July 2009 Muswellbrook Chronicle Fairfax (Rural Press) 662 24 July 2009 Port Macquarie News Fairfax (Rural Press) 663 24 July 2009 Queanbeyan Age Fairfax (Rural Press) 664 24 July 2009 Singleton Argus Fairfax (Rural Press) 665 24 July 2009 Southern Highland News Fairfax (Rural Press) 666 24 July 2009 Area News Griffith Fairfax (Rural Press) 667 24 July 2009 Leeton Irrigator Fairfax (Rural Press) 668 24 July 2009 Esperance Express Fairfax (Rural Press) 669 24 July 2009 South Burnett Times APN 670 25 July 2009 Bathurst Advocate Fairfax (Rural Press) 671 25 July 2009 Central Western Daily Fairfax (Rural Press) 672 25 July 2009 Forbes Advocate Fairfax (Rural Press) 673 25 July 2009 Northern Daily Leader Fairfax (Rural Press) 674 25 July 2009 Wagga Daily Advertiser Fairfax (Rural Press) 675 25 July 2009 Bundaberg News Mail APN 676 25 July 2009 Coffs Coast Advocate APN 677 25 July 2009 Gladstone Observer APN 678 25 July 2009 Grafton Daily Examiner APN 679 25 July 2009 Rockhampton Morning Bulletin APN 680 25 July 2009 Sunshine Coast Daily APN 681 25 July 2009 The Northern Star APN 682 25 July 2009 Toowoomba Chronicle APN 683 25 July 2009 Tweed Daily News APN 684 25 July 2009 Western Advocate Fairfax 685 28 July 2009 Port Macquarie Express Fairfax (Rural Press) 686 29 July 2009 Armidale Express Extra Fairfax (Rural Press) 687 29 July 2009 Finley Southern Riverina Fairfax (Rural Press) 688 29 July 2009 Tamworth Times Fairfax (Rural Press) 689 29 July 2009 Cessnock Advertiser Fairfax (Rural Press) 690 29 July 2009 Great Lakes Advocate Fairfax (Rural Press) 691 29 July 2009 Hunter Valley News Fairfax (Rural Press) 692 29 July 2009 Milton Ulladulla Times Fairfax (Rural Press) 693 29 July 2009 Newcastle Star Fairfax (Rural Press) 694 29 July 2009 Yass Tribune Fairfax (Rural Press) 695 29 July 2009 Colleambally Observer Fairfax (Rural Press) 696 29 July 2009 Riverina Leader Fairfax (Rural Press) 697 29 July 2009 Barossa Light Herald Fairfax (Rural Press) 698 29 July 2009 Flinders News Fairfax (Rural Press) 699 29 July 2009 The Transcontinental Fairfax (Rural Press) 700 29 July 2009 Bunbury Mail Fairfax (Rural Press) 701 29 July 2009 Northern Argus Fairfax (Rural Press) 702 29 July 2009 Maryborough Herald APN 703 30 July 2009 Bowral Highlands Post Fairfax (Rural Press) 704 30 July 2009 Coffs Harbour Independent Fairfax (Rural Press) 705 30 July 2009 Crookwell Gazette Fairfax (Rural Press) 706 30 July 2009 The Post Weekly (Goulburn) Fairfax (Rural Press) 707 30 July 2009 Junee Southern Cross Fairfax (Rural Press) 708 30 July 2009 Murray Valley Standard Fairfax (Rural Press) 709 30 July 2009 Port Pirie Recorder Fairfax (Rural Press) 710 30 July 2009 Whyalla News Fairfax (Rural Press) 711 30 July 2009 Mandurah Mail Fairfax (Rural Press) 712 01 August 2009 Sunshine Coast Daily APN 713 12 September 2009 Canberra Times Fairfax 714 12 September 2009 The Courier Mail (Brisbane) News Ltd 715 17 September 2009 Albany Advertiser WANL 716 17 September 2009 South Western Times WANL 717 18 September 2009 South Burnett Times APN 718 19 September 2009 Canberra Times Fairfax 719 19 September 2009 The Advertiser (Adelaide) News Ltd 720 19 September 2009 The Courier Mail (Brisbane) News Ltd 721 19 September 2009 Toowoomba Chronicle APN 722 22 September 2009 South Burnett Times APN 723 24 September 2009 Albany Advertiser WANL 724 24 September 2009 South Western Times WANL 725 25 September 2009 South Burnett Times APN 726 26 September 2009 The Advertiser (Adelaide) News Ltd 727 26 September 2009 Canberra Times Fairfax 728 26 September 2009 The Courier Mail (Brisbane) News Ltd 729 26 September 2009 Toowoomba Chronicle APN 730 29 September 2009 South Burnett Times APN 731 01 October 2009 South Western Times WANL 732 02 October 2009 South Burnett Times APN 733 03 October 2009 The Advertiser (Adelaide) News Ltd 734 03 October 2009 Toowoomba Chronicle APN 735 06 October 2009 South Burnett Times APN 736 08 October 2009 South Western Times WANL 737 09 October 2009 South Burnett Times APN 738 10 October 2009 Toowoomba Chronicle APN

SCHEDULE C Item Publication Date Publication Name Publisher 1 10 January 2007 The Goulburn Post Fairfax Media Limited 2 13 January 2007 Newcastle Herald Fairfax Media Limited 3 17 January 2007 The Goulburn Post Fairfax Media Limited 4 12 May 2007 Central Western Daily Fairfax Media Limited 5 19 May 2007 Central Western Daily Fairfax Media Limited 6 23 May 2007 Northern Argus Fairfax Media Limited 7 30 May 2007 Northern Argus Fairfax Media Limited 8 06 June 2007 Northern Argus Fairfax Media Limited 9 04 October 2007 Latrobe Valley Express Fairfax Media Limited 10 08 October 2007 Latrobe Valley Express Fairfax Media Limited 11 16 September 2009 Barossa Herald Fairfax Media Limited 12 16 September 2009 Transcontinental Fairfax Media Limited 13 17 September 2009 Albany Advertiser West Australian Newspapers Limited 14 23 September 2009 Barossa Herald Fairfax Media Limited 15 23 September 2009 Transcontinental Fairfax Media Limited 16 24 September 2009 Albany Advertiser West Australian Newspapers Limited 17 30 September 2009 Barossa Herald Fairfax Media Limited

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 362 of 2011

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

NATIONAL SEMI-RETIRED GROUP PTY LTD ACN 080 966 454

JUDGE: TRACEY J DATE: 28 MAY 2012 PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 The Australian Competition and Consumer Commission ("the ACCC") has made application for various orders to be made against three companies and two individuals arising out of alleged contraventions of ss 52 and 59(2) of the Trade Practices Act 1974 (Cth) ("the Act"). 2 The three companies conducted the business of producing, branding, packaging marketing, and selling "Heartlink" products. These products included household goods such as cleaning fluids, disinfectants and air freshener. The fourth respondent, Mr Laurence Hann, had established the Heartlink business and the infrastructure which supported it. The fifth respondent, Ms Vicki Lowe, was the sole director, shareholder and secretary of the second respondent, Heartlink Enterprises Pty Ltd ("HLE") until 2010. Both Mr Hann and Ms Lowe worked in the business. 3 The business was founded on what Mr Hann described as "the charity concept". The concept involved volunteers (usually retired or semi-retired people) manufacturing and packaging products which were to be sold through retail outlets. Sales work was also to be undertaken by volunteers. Payment was however to be made for the services of those who transported the products from warehouses to the retail outlets. The profits were then to be devoted to charities. 4 Mr Hann attributed the plethora of corporate and other entities which were established to conduct the business to advice he had received from unnamed persons. Mr Hann said that the advice of these persons "was that the concept could go Australia wide, but other entities could sneak in with takeover plans, so they suggested to me to open a series of Companies and trusts to operate making it harder for a takeover … ." 5 The ACCC filed its statement of claim on 6 May 2011. None of the corporate respondents (who were each unrepresented) filed a defence. Mr Hann did, however, file a discursive account of his involvement with the Heartlink business which contained passages which may be understood as putting in issue some of the material facts relied on by the ACCC in its statement of claim. Ms Lowe filed a defence. 6 The proceeding was listed for trial commencing on 19 March 2012. When the matter was called on there was no appearance by any of the three corporate respondents. Mr Hann had previously advised that he did not wish to attend the hearing and declined an offer by the Court to provide a telephone link to his home so that he could hear the proceeding and participate if he wished. Ms Lowe also advised the Court that she did not wish to attend the hearing. She did, however, accept the offer that she participate via telephone. This she did. 7 All of the relevant material had been filed and served on each respondent.

THE THREE CORPORATE RESPONDENTS 8 Mr Hann was the director of the first respondent ("Halkalia") until 11 December 2009. At his request Mr Norman Lander succeeded him as sole director on that day. 9 As already noted Ms Lowe was the sole director of HLE. She resigned on 16 September 2010 and was succeeded by Mr Lander. 10 Mr Hann has, at relevant times, been the director of the third respondent ("NRSG"). 11 When the first three respondents failed to appear on the first day of the trial the ACCC applied for default judgments to be entered against each of them pursuant to r 5.23(2)(c) of the Federal Court Rules 2011 (Cth) ("the Rules"). 12 I entered judgment against the first, second and third respondents, but reserved consideration of what, if any, remedies should be granted against them. 13 I entered judgment against the three corporate respondents because I was satisfied, having read the statement of claim, that the relief sought by the ACCC against them could be granted. I was satisfied that each element, necessary to prove each contravention alleged against each of the companies had been appropriately pleaded: see Speedo Holdings BV v Evans (No 2) [2011] FCA 1227 at [23] and [24] (per Flick J). Despite being on notice of the proceeding for almost a year, the three companies failed to demonstrate any desire to participate in the proceeding or co-operate with the Court's processes.

MS VICKI LOWE 14 On the eve of the trial the ACCC and Ms Lowe filed a statement of agreed facts and a minute of consent orders. Having considered the agreed statement I made the orders which they sought: see ACCC v Halkalia Pty Ltd [2012] FCA 534. 15 Ms Lowe indicated that she did not wish to participate further in the hearing and she was excused.

MR LAURENCE HANN 16 The ACCC pressed its case against Mr Hann. 17 It alleged that he had engaged in both primary contraventions of the Act and that he was involved in contraventions by each of the three corporate entities. The primary contraventions arose from his making of representations using postal and telephonic services. The other allegations were that he was knowingly concerned in and a party to contraventions by the corporate respondents and that he aided, abetted, counselled and procured the corporate entities to contravene the Act.

THE EVIDENCE 18 The ACCC led evidence from some members of its staff who were involved in the investigation of the alleged contraventions by Mr Hann; from volunteers whom he had persuaded to assist in the running of the business; and from people who had been induced to pay large sums of money to purchase exclusive distributorship rights in particular areas. 19 The distributors were attracted to the business opportunities by hundreds of advertisements placed in newspapers in many States between October 2007 and October 2009. Many of these advertisements were placed by Ms Diane Gill. 20 In 2006 Ms Gill saw an advertisement in her local newspaper, the "Portland Observer" asking people who were interested in doing volunteer work to contact a 1800 telephone number. She called the number and left a message on the answering service. Subsequently she received a telephone call from a man who identified himself as Laurie Hann. He told her about the Heartlink business. He sent her some brochures. Having looked at the material Ms Gill decided to volunteer. She telephoned Mr Hann and expressed her interest. Towards the end of 2006 Mr Hann visited her at her home. He gave her further information about the business. Shortly afterwards he returned with some promotional flyers which she was asked to fold and place back in the boxes. She did so. 21 Not long afterwards Mr Hann told Ms Gill that he proposed to open a Heartlink office in Portland and wanted her to run it. Advertisements were placed in the local newspaper seeking volunteers to work in the office. A number of people responded to the advertisement. Four were engaged. Mr Hann instructed Ms Gill to pay their expenses and provided her with a cheque book for this purpose. The account was in the name of "Retiree Warehouse Trust", an organisation of which Ms Gill had never heard. 22 After a short period the volunteers expressed dissatisfaction with what they were being paid. Mr Hann attended the office and shortly afterwards the volunteers stopped coming. In late February 2007 Mr Hann told Ms Gill that he had decided to close the office and told her to "pack it up". 23 Shortly afterwards Mr Hann asked Ms Gill to place advertisements in newspapers. Mr Hann instructed her as to the text of the advertisements and the newspapers in to which they were to be placed. These advertisements offered business opportunities for parcel delivery. They were placed in various names including "The Mature Age Group", "Mature Age Group Charity Association Inc", "Lander Freight", "ND Freight", "The Seniors Group" and "RJ Distributors". 24 A typical advertisement contained the following text: "Sales distribution business part time, light parcels genuine unique opportunity for purchase amount of $10,000. Potential earnings for 3-4 days per week approximately $800 to $1,000 for the Mature Aged Group, 1800 267 583". 25 For reasons which will be become apparent it is appropriate to note that Halkalia caused ten such advertisements to be published in newspapers between 8 May 2010 and 15 May 2010. These advertisements are identified as Items 85 - 94 in Schedule A of the orders which I have made today. 26 Ms Gill arranged for payment to be made to the publishers of the newspapers for the advertisements. Initially she did so using cheques drawn on a Westpac banking account entitled "Mature Age Group Charity Association Inc". Ms Gill was an authorised signatory on the account. Later she was provided by Mr Hann with a Mastercard debit card in the name of Halkalia Pty Ltd which she used to pay for the advertising. 27 When placing advertisements Ms Gill did not normally provide her surname. She did this because Mr Hann had told her not to do so because: "[t]here was a woman a few years back in Warrnambool who ran off with all of Heartlink's money. If people see your surname on things, you might start to get angry phone calls." 28 There was also undisputed evidence that a large number of similar advertisements had been placed with newspapers by a person who identified himself as "Laurie". Some of these advertisements were paid for by cheques drawn on a Westpac account in the name of HLE. Other similar advertisements were also placed by a person identifying himself as "Laurie". They were placed by telephone. The telephone number appearing in these advertisements was 1800 267 586. Records obtained from Telstra disclosed that Mr Hann was the registered holder of this number. The nominated "booking entity" was the Heartlink Manufacturing Trust. NSRG was the trustee for that trust. 29 Persons who responded to the advertisements were sent a letter by Mr Hann. That letter contained the statements that: "We are a most unique concept started by some people who had heart problems who … decided to help charities and communities by going into business manufacturing products and giving All profits back to the community where products are sold. This has opened a Pandora's Box as the community gets behind the products faster than was anticipated. … The real surge in sales commenced when the products became the Ultimate Fundraising Products … further sales are now surging since the Independent Grocery Stores are stocking our products … those who grasp our concept and make up their minds to proceed actually purchase a designated indefinite area for the amount of $20,000 and will then receive 15% of Gross Sales Turn Over in the designated area thereafter. A cheque for payment on delivery will be prepaid on each delivery which is brought to distributors area at Heartlink's expense then off loaded for local distributor to deliver around area… Once the area is fully established it is anticipated that the distributor will earn on a 2 to 3 day basis income of approx $1,600 per week. All products are made to the quality of top brand names in Australia but with lower prices due to volunteer labour. No other product manufacturer can complete [sic] with us because of our use of volunteer labour. The fact that we are a non profit charity organisation … is why the community gets behind our products, as does the media, to spread the word. We expect Heartlink products to become a household name within 6 months of arriving in each area." 30 Letters containing similar statements were sent, in February 2010, March 2010 and April 2010, to persons who responded to later advertisements. 31 In the course of 2007 Mr Hann gave Ms Gill other cheque books. One of these was for an account held in the name of Halkalia Pty Ltd at the Westpac Bank. Ms Gill became an authorised signatory of these accounts. 32 About the middle of 2010 Ms Gill advised Mr Hann that she no longer wished to be involved in the Heartlink business. She did no further work for Mr Hann. 33 Evidence was called from eight witnesses who had responded to advertisements for delivery or distribution businesses. Their accounts of their experiences in dealing with Mr Hann and others involved in the Heartlink business were remarkably similar. 34 The evidence of Ms Glamis Pearse is typical. 35 Ms Pearse and her husband had been self employed for many years but had decided, in 2009, to retire. Ms Pearse is now 70 years old. In September 2009 she saw an advertisement in the Adelaide Advertiser newspaper. The advertisement was placed under the heading "Business Opportunities." The advertisement read: "SALES Distribution Business. Part Time Light Parcels. Genuine unique opportunity for purchase amount of $10,000. Potential earnings for 3 to 4 days per week approx. $800-$1,000. The Mature Age Group 1800 257 586." 36 Ms Pearse telephoned the listed number. It was answered by a voicemail service. She left her name and telephone number. 37 A few days later she received a telephone call from a man who introduced himself as Laurie Hann. Mr Hann told her about the Heartlink business. The conversation proceeded along the following lines: "Mr Hann: "Heartlink is a charity which sells and distributes the Heartlink products." "The Heartlink business was set up especially for retirees. I first became involved when I suffered a heart attack and was being treated in the Adelaide hospital. I spoke to someone at the hospital who was involved in the Heartlink business and decided to take over the Heartlink business because I wanted to put something back into the community." Ms Pearse: "What would I need to do if I bought the business?" Mr Hann: "The business would require you to deliver the Heartlink products. There is no selling involved. You don't need to sell the products. You just deliver the products that have been sold by sales representatives employed by the Heartlink business." Ms Pearse: "How would I be paid?" Ms Hann: "You would be paid by way of commissions on sales of the Heartlink products. You would earn approximately 12% commission on Heartlink products sold and you would be paid the commission by cheque." Ms Pearse: "Where would I deliver the products?" Mr Hann: "You would distribute the Heartlink products in your local area … I will send you some brochures explaining the Heartlink business to help you make your decision." 38 Ms Pearse was attracted to the business opportunity for a number of reasons: it did not involve sales; deliveries could be made at times which suited her husband and herself, and the business assisted charities. 39 A few days after she had spoken to Mr Hann she received a number of documents in the mail. They were: A document titled "Australia's Ultimate Heart Warming Story…The Mature Age Group" which contained information about the Mature Age Group, the people who operated the Mature Age Group and the Heartlink products. A document titled "Australia's Ultimate Heart Warming Story…The Mature Age Group" which contained details of the Heartlink products range and listed charities purported to have benefited from Heartlink. A document titled "Heartlink TV ADS" which included images from television advertisements showing various Heartlink products. A document titled "Heartlink Community Benefit Products" which displayed numerous messages from various charitable organisations thanking Heartlink for donations. A document titled "Gift Voucher Donated to your School". A document titled "Heartlink (Community Benefit Products) Wholesale Price List November 2009". 40 This material confirmed Ms Pearse's understanding that the Heartlink business provided financial support to a large number of charities. Statements in the documents persuaded her that the business was operating successfully. She noted statements that "fast growth creates freight demand" and that "vast expansions for Heartlink with 2 more packaging warehouses" had occurred. She also noted a statement to the effect that the business was sufficiently established so as to render realistic the expectation of earnings of $800 to $1,000 per week for three to four days' work. 41 Ms Pearse then had a further telephone conversation with Mr Hann on about 22 September 2009. Words to the following effect were exchanged: "Ms Pearse: "Is there anyone in Adelaide or South Australia who is already involved in the Heartlink business who I could speak to before purchasing the business?" Mr Hann: "No, there is no one else currently in South Australia. You and your husband would be the first." Ms Pearse: "Has there been a lot of interest in response to the advertisement?" Mr Hann: "There has been a lot of interest. There is a man in Brighton who is particularly interested…There are many sales representatives employed to sell the Heartlink products and television advertisements are scheduled to commence in October and November 2009… I'm giving up my time for the Heartlink charity. It's up to you whether you also give up your time for a charitable cause. I will send you a copy of the contract for the purchase of the business in the mail." 42 On about 6 October 2009 Ms Pearse received a letter from "R J Community Distributors". It was headed "PARCEL DELIVERY BUSINESS" and was signed "R. J. Searle, Director". Ms Jane Searle gave evidence that she had been asked by Mr Hann to provide a copy of her signature to him on a blank page. She was not aware that she was a director of an organisation known as R J Community Distributors, she had not placed her signature on the document and had not seen the document. The document read: "This is a unique opportunity to a select few to have their own small business. We are distributors for the new, HeartLink. Vast range of variety products now going Australia wide of which we deliver in our own vehicles utilising Pensioners as drivers providing a feeling of usefuleness [sic] in a time of community struggles. We purchase second hand vans as deliveries are on a weekly basis with no fixed schedules to put our Pensioner members under stress. We privately fund our vans being second hand but as the HeartLink Products now have TV support so will grow the sales and so the demand to purchase more second hand vans. As we don't use hire purchase the idea arose that to raise capital to buy more vans we could sell from time to time a select area and give our profit to the distributor of 20% of gross sales which we feel that a population area of 15,000 to 20,000 would return potentially on a 3 to 4 day basis approximately per week of $900 or more. This would take a while months of establishing as we have our Sales Pensioners requiring to go to all community customers and provide samples of product to satisfy the quality in establishing customers. The simple procedure is you would purchase an indefinate [sic] area Delivery business for $15,000 of which you would deliver HeartLink Products to customers that our Pensioners would provide. Product is despatched to you to store at your house to inturn [sic] deliver to customers as our Pensioner Sales people in your area create the orders and establish customers. The Distributor would deliver products to customer and forward paperwork at end of each week of which a cheque will be returned to distributor for 20% of gross sales created and delivered in each week. Our customers are Foodworks and IGA stores for the household range but in bulk to the commercial outlets we deliver all over the town to Hotels - Motels' [sic] - Caravan Parks - Fish & Chip Shops - Delis - Milk Bars - Takeways - Pizza Parlours - Restaurants - Hairdresser Salons - Garden Centres - Nurseries - Hardware and Fodder Stores - Chemist Shops - Tractor Machinery - Sales Industrial Factories - Engineering Outlets - Trucking Companies - New Car Dealerships - Service Stations - Pet Shops etc. (Emphasis in original). Proprietors of these businesses mostly relate to the fact that the Heartlink Products are packaged by pensioners as also our delivery and sales people are all pensioners. Enclosed is HeartLinks information and product range that you would be delivering. We also agree to repurchase your delivery business any time after 12 months should you wish to sell for any reason. If you are at all interested to discuss this further then feel free to phone me on the above number." (Emphasis added). 43 Attached to the letter was a "DELIVERY BUSINESS AGREEMENT". It had been partly completed when Ms Pearse received it. Various X signs marked parts of the document which Ms Pearse was to complete. She executed the document on 12 October 2009. The document read: 44 Ms Pearse sent the executed agreement by post to Mr Hann. On the same day she paid $10,000 by credit transfer to the Westpac Bank account of National Community Link Pty Ltd. On 22 October 2009 she received a receipt by post. It was signed by Ms Searle. 45 In late October and early November 2009 Ms Pearse made a number of telephone calls to the 1800 number given to her by Mr Hann. She made these calls in an attempt to find out who was the sales representative appointed to her area. On each occasion her telephone call was "answered" by a recorded message. She left messages for Mr Hann to ring her back. He did not do so. 46 On 30 October 2009 she received a telephone call from a man who identified himself as "Eddie". Eddie told her that he worked for Heartlink at a warehouse in Gawler. He told her that he was organising a delivery of Heartlink products to her home that day. A delivery was subsequently made. 47 Between November 2009 and February 2010 Ms Pearse made a series of telephone calls and sent e-mails in an attempt to contact Mr Hann. She left messages on the telephone answering service which were not returned. Her e-mails were not responded to. In frustration, in about February 2010, she and her husband decided to visit the Heartlink warehouse in Gawler. 48 When they attended at the premises a man approached them and identified himself as Eddie Hann, Laurie's brother. Ms Pearse asked how she could make contact with Mr Laurie Hann. "Eddie" replied "I don't know, I have a hard job of contacting him myself." Ms Pearse said that she wanted to talk to Mr Laurie Hann. Following further exchanges in which Ms Pearce's husband were involved "Eddie" said: "Listen if you don't like the business, go and get your money back." 49 In early March 2010 Ms Pearse wrote a letter to Mr Laurie Hann. She complained of lack of communication, the unavailability of stock, the failure to supply information relating to representatives and distributors and the lack of effective advertising of Heartlink products. Some weeks later she received an undated hand written letter signed "Laurie". The letter said that Mr Hann "accept[ed] everything in [her] letter". He went on to explain that "health issues" had hindered his ability to deal with the problems raised in Ms Pearse's letter. 50 By April 2010 Mr and Ms Pearse had decided to discontinue their association with the Heartlink business. On 19 April 2010 they wrote a letter addressed to the CEOs of various entities which they understood were involved in the Heartlink group. They formally advised that they had determined to sell the delivery business "to which ever of the above named business [sic] is relevant." They requested a cheque for $10,000 to be forwarded within 14 days. This advice and the request were based on the statement in the delivery business agreement (see above at [43]) that, if Ms Pearse wished to re-sell the distribution area, she had first to offer it to the Community Distribution Trust for the price which she paid for it. 51 Despite a series of e-mail messages they received no response until 15 May 2010 when they received a document headed "FINAL URGENT CIRCULAR TO TERMINATING CONTRACTORS" which was signed by "Laurie". The circular advised that "the entity you purchased the delivery business from transferred your capital amount as a donation to the above Heartlink Manufacturing Trust to legally alleviate the GST component and therefore the legal entity you purchased the delivery business from has no assets to liquidate …" The circular further advised that "Laurie" was contemplating placing the businesses in liquidation and that the "terminating contractors" "would be fortunate to barely get 20 cents in the dollar." 52 Ms Pearse never received the $10,000 (or any part thereof) which she had sought. 53 Other witnesses recounted similar experiences in dealing with Mr Hann and the entities associated with him. They had each invested substantial sums under similar arrangements to those which applied to Ms Pearse. They had each sought a return of their funds to no avail. Some had borrowed the money. Others had invested monies which they had received as redundancy or other termination of employment benefits. Most of them were retired and looking for part time work. They could ill afford to lose the money which they invested in the distributorships. Mr Lyndsay Cox and his wife Carole, for example, invested $20,000 which they had borrowed. They gave evidence that they continue to suffer severe financial stress as a result of their loss. Similarly, Ms Kylie Little invested her redundancy payout and lost it. 54 Some of these other witnesses also gave evidence about statements made to them by Mr Hann in the course of conversations which he had had with them at various times between 2007 and 2010. 55 Mr Lyndsay Cox said that, in April 2007, Mr Hann had telephoned him. Mr Cox had expressed interest in the possible purchase of a distributor business in the Maitland area in New South Wales. Mr Hann had said to Mr Cox: "The area is Maitland to Thornton, Branxton, Paterson and Morpeth. …[t]he way we have structured the commission is you will receive 10% for the first two months plus $100 per day as a retainer to do the delivery and sales work. With a population in the area the size of Maitland which is in the vicinity of 53,000 you should receive a return of approximately $10,000 gross per week and a net pay of $2,000 per week. Once the area is established you will receive 20% of the gross turnover." 56 Mr Ian Nicholls deposed that Mr Hann had telephoned him in about December 2009. Mr Nicholls had expressed interest in the possible purchase of a distribution business in the Strathalbyn area of South Australia. Mr Hann had said to him: "I am a millionaire. I run Heartlink as a hobby to help charity .. Heartlink will appoint sales representatives in the area who will promote the product and take orders. You will not be required to make any sales, only to fill the orders and deliver stock … the $900 per week earnings figures in the advertisement are based on earnings achieved in similarly sized areas in Victoria. If your business goes really well you might earn income of around $1,200 to $1,400 per week." 57 Ms Carole Cox deposed that, in early May 2010, Mr Hann had telephoned her after she had responded to an advertisement for the "part time parcel delivery business" that had appeared in the Newcastle Herald newspaper. Mr Hann said to her: "Our people come in and take orders and you deliver the orders. We are the only charity in Australia who makes money and gives it away. We have a huge range and variety of products. This is a new concept in Australia. … The Mature Age Group … We have WIN and PRIME with us. The way it works is our sales people go in and get the sales. You delivery the stock and get 25% gross turnover of the sales. … Gradually the sales work up to what we advertised. We go through the IGA stores because we don't like Woolies." 58 Mr Hann did not dispute the foregoing evidence.

THE LEGISLATION 59 At relevant times the Act provided that: "6 Extended applications of Parts IV, IVA, IVB, V, VA, VB and VC ... (3) In addition to the effect that this Act, other than Parts IIIA, VIIA and X, has as provided by another subsection of this section, the provisions of Part IVA, of Divisions 1, 1AAA, 1AA and 1A of Part V and of Divisions 2 and 3 of Part VC have, by force of this subsection, the effect they would have if - (a) those provisions (other than sections 55 and 75AZH) were, by express provision, confined in their operation to engaging in conduct to the extent to which the conduct involves the use of postal, telegraphic or telephonic services or takes place in a radio or television broadcast; and (b) a reference in those provisions to a corporation included a reference to a person not being a corporation." Sections 52 and 59 of the Act fall within Division I of Part V of the Act. "52 Misleading or deceptive conduct (1) A corporation shall not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. (2) Nothing in the succeeding provisions of this Division shall be taken as limiting by implication the generality of subsection (1)." 59 Misleading representations about certain business activities (1) … (2) Where a corporation, in trade or commerce, invites, whether by advertisement or otherwise, persons to engage or participate, or to offer or apply to engage or participate, in a business activity requiring the performance by the persons concerned of work, or the investment of moneys by the persons concerned and the performance by them of work associated with the investment, the corporation shall not make, with respect to the profitability or risk or any other material aspect of the business activity, a representation that is false or misleading in a material particular." After 15 April 2010 the Court was empowered, by s 76E of the Act, to impose a pecuniary penalty on a person who contravened s 59(2) or who was knowingly concerned in such a contravention. By s 76E(3) the maximum pecuniary penalty which could be imposed on a body corporate for such a contravention was $1,100,000 and, on an individual, $220,000. At relevant times s 80 of the Act empowered the Court to grant injunctions if satisfied that a person had engaged in conduct that constituted a contravention of provisions of the Act including ss 52 and 59(2). Since 1 January 2011 this provision has been superseded by s 232 of the Australian Consumer Law ("the ACL").

ACCC'S CASE 60 The ACCC alleged that Mr Hann was knowingly concerned in or party to: Contraventions of ss 52 and 59(2) of the Act by Halkalia; Contraventions of ss 52 and 59(2) of the Act by HLE; and Contraventions of ss 52 and 59(2) of the Act by NSRG. 61 It is also alleged that Mr Hann himself contravened s 59(2) of the Act by making false or misleading representations in letters sent by him to consumers who had inquired about the Heartlink business; and in conversations he had had by telephone with three of those interlocutors. 62 The contraventions by the corporate respondents arose from the placing of the hundreds of advertisements which promoted the sales distribution businesses. 63 Although the terms of these advertisements were not identical they each contained one of four variants. They were that: There was a "potential earnings for 3-4 days per week [of] approximately $x"; An "opportunity to earn in excess of $x per week"; An "opportunity to potentially earn in excess of $x per week"; or An "opportunity to earn approximately $x per week." 64 On occasions the adjectives "genuine" or "unique" were used in conjunction with the word "opportunity". The ACCC submitted that the three corporate respondents did not have reasonable grounds for making the representations contained in these advertisements: see s 51A(1) of the Act. It also submitted that the representations were false or misleading in material particulars contrary to s 59(2) of the Act. 65 The evidence of witnesses called by the ACCC established that the businesses conducted by the three corporate respondents were badly organised. There was no effective marketing strategy. There was no adequate infrastructure in place. Many of the "distribution areas" did not have managers appointed to them. Deliveries of products were either intermittent or non-existent. None of the witnesses who purchased distribution rights was able to achieve much beyond the occasional sale of product. 66 I therefore accept the ACCC's submission that the representations, contained in the various advertisements, were misleading because: (a) The distribution businesses offered for sale did not have the potential, once acquired by distributors, to generate earnings of the advertised amounts; (b) There was no realistic prospect that these businesses would deliver the claimed earnings; and (c) There was no reasonable basis for raising the expectation of purchasers that the business would generate the claimed earnings. 67 Section 59(2), like s 52 of the Act directs attention to the effect or likely effect of the conduct of a respondent on the minds of those to whom that conduct is directed. The test is objective: see ACCC v Dukemaster Pty Ltd [2009] FCA 682 at [10] and the authorities there collected. The sub-section will be contravened if the impugned conduct gives rise to a "real or not remote chance or possibility" that it will so mislead or deceive. The conduct must lead, or be capable of leading, a person into error: see Dukemaster at [10]. 68 Where the conduct involves the placing of an advertisement in newspapers which have a wide public circulation, assessment of the effect of the advertisement must be tested by reference to its impact on ordinary or reasonable members of the general public who might be expected to read it: see Keehn v Medical Benefits Fund of Australia Ltd (1977) 14 ALR 77 at 81. A contravention of s 59(2) may be established without evidence that members of the public who read an advertisement were in fact misled by it. If such evidence is, however, called and is accepted by the Court, it may be treated as strongly supportive of an applicant's case: see Medical Benefits Fund of Australia Ltd v Cassidy (2003) 135 FCR 1 at 18. 69 The advertisements placed and paid for by the three respondent companies at the direction of Mr Hann sought to attract persons who might have been prepared to invest substantial amounts in return for what proved to be unattainable earnings. The advertisements placed no qualification on the statements which were designed to attract the attention of readers. The advertisements were cast in terms that the ordinary and reasonable reader would have understood as representing that a reasonable basis existed for concluding that their investment would enable them to realise the earnings foreshadowed in the advertisement. The various witnesses, called in support of the ACCC's case, who had been induced to invest in the advertised distributorships, confirmed that this was the impression created by the advertisement. They had been induced to contact Mr Hann. Nothing Mr Hann said to them before they committed themselves financially to the business in any way disabused the impression created by the advertisements. On the contrary, Mr Hann said things which encouraged the witnesses and reinforced the representations made in the advertisements. 70 The three corporate respondents contravened ss 52 and 59(2) of the Act. 71 The undisputed evidence, summarised above at [23]-[28] satisfies me that Mr Hann was actively involved and, thereby, knowingly concerned in the publication of the advertisements. 72 Mr Hann was knowingly concerned in the contravention, by the corporate respondents, of ss 52 and 59(2) of the Act. 73 The ACCC also submitted that Mr Hann was liable, pursuant to s 6(3) of the Act, for personal contraventions of s 59(2) of the Act. This was because he had engaged in conduct which involved him using postal and telephonic services to make representations which contravened s 59(2) of the Act. 74 The representations were contained in the letters sent to various witnesses in January 2007 and February and March 2010: see above at [29] and [30]. The representations contained in these letters were in substantially the same terms as those made by the three corporate entities. 75 The ACCC also relied on statements made by Mr Hann over the telephone to Mr Cox in April 2007, Mr Nicholls in December 2009 and Ms Cox in May 2010: see above at [55]-[57]. 76 The various representations which are to be found in the letters and which were made by Mr Hann during the telephone conversations were, for the same reasons given in relation to the corporate contraventions, misleading in material particulars. 77 Mr Hann contravened s 59(2) by making those representations.

RELIEF 78 The ACCC sought a range of orders against Mr Hann. Those orders included declarations, injunctions, the imposition of pecuniary penalties and an order that he be disqualified from managing corporations for a period of 15 years. 79 Although Mr Hann did not choose to attend the hearings conducted by the Court he was given an opportunity to make written submissions in relation to the orders sought by the ACCC. Mr Hann made a long written submission. He said that any penalties imposed on him would be of no moment. He could not pay them because he was bankrupt and had no money apart from his old age pension. He did not oppose any orders being made relating to his involvement in the conduct of corporations or businesses because he had no intention of ever again being involved in such activities.

Declarations 80 The declarations sought each reflect the findings made in relation to the conduct of particular respondents. 81 The Court has the power to make declarations under s 21 of the Federal Court of Australia Act 1976 (Cth). Any declaratory order made in the exercise of this power must be directed to quelling legal controversy between parties. The applicant must have a real interest in obtaining the relief sought: see Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 at 581-2. There must also be a proper contradictor: see Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 at 437-8. 82 Each of these requirements is satisfied in the present proceeding. The corporate respondents and Mr Hann have not formally admitted the conduct alleged against them by the ACCC. The ACCC is a public body which has power under the Act and its successor to bring enforcement proceedings. Declaratory orders of the kind proposed serve the public interest by making it plain that conduct such as I have found the corporate respondents and Mr Hann to have engaged in contravened the Act: see ACCC v Midland Brick Company Pty Ltd (2004) 207 ALR 329 at 333; cf Rural Press Limited v ACCC (2003) 216 CLR 53 at 91. Mr Hann was a proper contradictor.

Injunctions 83 The Court is empowered to grant injunctions pursuant to s 232 of the ACL. By s 232(5) of the ACL the Court has power to grant an injunction restraining a person from carrying on a business or supplying goods or services for a specified period. 84 Neither the corporate respondents nor Mr Hann opposed the granting of the injunctions sought by the ACCC. They should be made. 85 The injunctions sought will restrain these respondents from carrying on any business of a similar character, using similar methods as those which I have found to have contravened ss 52 and 59 of the Act. The restraint will operate for a period of 15 years. 86 The conduct has resulted in substantial losses being sustained by people, many of them elderly, across Australia. Mr Hann has a long history of establishing companies and other entities and using them to promote dubious business opportunities in order to obtain funds. He should not have the opportunity to do so again.

Pecuniary Penalties 87 The ACCC seeks orders imposing substantial pecuniary penalties on Halkalia and Mr Hann. 88 Halkalia was deregistered on 28 September 2011 by the Australian Securities and Investments Commission because it had not lodged prescribed fees. On 9 December 2011 the Court ordered that Halkalia's registration be reinstated pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) ("the Corporations Act"). This order was complied with and Halkalia is presently registered. 89 Mr Hann is, as already noted, currently a bankrupt. He claims to have no assets apart from a pension. 90 As a result, it is unlikely that any penalties which might be imposed by the Court on Halkalia and Mr Hann will ever be recovered. Their imposition will, nonetheless, serve the purpose of general deterrence: see ACCC v Fila Sport Oceania Pty Ltd (2004) ATPR 41-983; ACCC v The Vales Wine Company Pty Ltd (1996) ATPR 41-528. 91 Pecuniary penalties for breaches of s 59(2) of the Act may only be imposed for contraventions which occurred on and after 15 April 2010. Each contravention attracts a maximum penalty of $1.1 million for a body corporate and $220,000 for an individual: see s 76E(3) of the Act. 92 There are a large number of considerations which are of potential relevance when the Court is determining appropriate pecuniary penalties for contraventions of the Act. These considerations have been identified in a number of cases including decisions of Full Courts of this Court in NW Frozen Foods Pty Ltd v ACCC (1996) 71 FCR 285 at 292-4 and J McPhee and Son (Aust) Pty Ltd v ACCC (2000) 172 ALR 532. It is to those considerations I now turn. 93 The relevant conduct occurred between 8 May 2010 and 15 May 2010. During this period Halkalia caused advertisements to be placed, in the Adelaide Advertiser, The Courier Mail, The Sydney Morning Herald, The Newcastle Herald and a number of other regional publications. Each of the advertisements read: "FOR SALE Local part time parcel delivery business $15,000 with opportunities to earn approximately $1,200 pw with payments made weekly Ph 1800 038 124." The telephone number was registered to Mr Hann. 94 The metropolitan newspapers all had circulations in the hundreds of thousands. The regional newspapers had circulations in the tens of thousands. 95 The ACCC tendered the telephone records for the number appearing in the advertisement. Those records showed that there were 150 calls made to the number on and after 8 May 2010. 96 The ACCC was not in a position to assert that any of the persons who had telephoned in response to the advertisement had been induced to part with $15,000. 97 These advertisements were the last of the hundreds which had been placed since 2007 by Mr Hann and entities associated with him. By the time they were placed it must have been apparent to Mr Hann (if it had not long since been), that there was no scope for investors to obtain any financial benefit from the distribution of Heartlink products. It will be recalled that it was on 15 May 2010 that Mr Hann had sent out his "final urgent circular" advising existing distributors that they had no hope of recovering their capital investment: see above at [51]. 98 There can be no doubt that Mr Hann's conduct was deliberate. He was seeking to induce new investors to commit funds to distribution businesses at the same time that, as he well knew, the large number of existing distributors, despite his undertakings to buy back the businesses, were never going to recover their investments. The fact that they had been cynically exploited did not deter Mr Hann from continuing his attempts to attract further investors who, I readily infer, would have been destined to lose their money. 99 This was not the first time that Mr Hann had engaged in such misleading conduct. Less than a month before the 10 advertisements were placed, he had been found, by the Ballarat Magistrates Court, to have contravened provisions of the Fair Trading Act 1999 (Vic) which proscribed the making of false, misleading or deceptive representations concerning benefits that would be derived from participation in a business activity. 100 The ACCC has not been able to undertake a full audit of the accounts of Halkalia. It has, however, been able to establish that credit transactions of over $5,000 in the name of Halkalia totalled $1,099,775 in the period between June 2006 and June 2010. This sum formed part of some $3.5 million which had been deposited in Heartlink business accounts in amounts over $5,000 during the same period. $270,600 was paid into these accounts between 15 April 2010 and 19 July 2010. 101 Mr Hann has never accounted for these funds. He controlled the various accounts in which they were held and, I infer, they were distributed at his direction. 102 Of the 10 advertisements two were placed, within the space of a week, in the same two newspapers. It is, therefore, appropriate to identify eight rather than 10 separate offences: cf ACCC v Singtel Optus Pty Ltd (No 4) (2011) 282 ALR 246 at 265 (per Perram J). 103 The maximum penalty which may be imposed on Halkalia is, therefore, $8.8 million. 104 In addition to the eight contraventions in which he was knowingly concerned, Mr Hann also contravened s 59(2) when he made representations to Ms Cox in their telephone conversation in early May 2010: see above at [57]. The maximum penalty which can be imposed on Mr Hann, is therefore, $1.98 million. 105 The maximum penalties are, of course, reserved for the worst offences. 106 It is clear that Mr Hann was responsible for all of the contraventions. As an individual, however, he had the advantage of the lower maximum pecuniary penalty. For the reasons I have given I consider his conduct to constitute an egregious series of contraventions of legislation designed to protect consumers. He well knew what he was doing was wrong but still he persisted. I consider that a pecuniary penalty of $450,000 is warranted. 107 Mr Hann was the guiding mind of Halkalia. The company was a tool in his hands. Although the company's contravening conduct must attract the same opprobrium as that which attaches to Mr Hann's conduct, it is Mr Hann who retains ultimate responsibility for what occurred. I must, nonetheless, bear in mind that the maximum penalty which may be imposed on a company for each contravention is five times greater than that which an individual may be required to pay. The respective levels of responsibility can be recognised by imposing a similar penalty on Halkalia.

Disqualification of Mr Hann from managing corporations 108 The ACCC has also sought an order under s 86E(1B) of the Act that Mr Hann be disqualified from managing corporations for a period of 15 years. 109 As already noted Mr Hann does not oppose the making of such an order. 110 The ACCC advised the Court that, so far as it is aware, the Court has not previously been asked to make an order of this kind under s 86E. It helpfully drew attention to the principles which had been developed in relation to the banning of officers under ss 206C and 206E of the Corporations Act. Section 86E has been modelled on s 206C. They are in identical terms. 111 The principles which had been developed under the Corporations Act were distilled by Santow J in ASIC v Adler (2002) 42 ACSR 80. One of those principles, namely that banning orders were purely protective in nature and not punitive, was later rejected by the High Court in Rich v ASIC (2004) 220 CLR 129. Otherwise, there is no reason to doubt that these principles will provide useful assistance when the Court is considering opposed applications under s 86E of the Act. 112 The ACCC's present application for an order under 86E is, as has been noted, not opposed by Mr Hann. It is, therefore, sufficient that I record that, having regard to the principles which Santow J identified in Adler, I am satisfied that a 15 year banning order is warranted in the circumstances of the present case. Such an order will be made.

Costs 113 The first, second, third and fourth respondents should pay the ACCC's costs of and incidental to the proceeding. I certify that the preceding one hundred and thirteen (113) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tracey.