The section provides for a public interest injunction which, like s.80 of the Trade Practices Act, is aimed at achieving compliance with commercial regulatory legislation. As the courts have consistently recognised, such injunctive provisions are governed by different principles from those aimed at the protection of private proprietary rights. In Murphy v Overton Investments Pty Ltd, the Full Court of the High Court reiterated its caveat against drawing analogies with general law claims and remedies, stating:
This Court has now said more than once that it is wrong to approach the operation of those provisions of Pt VI of the Act which deal with remedies for contravention of the act by beginning the inquiry with an attempt to draw some analogy with any particular form of claim under the general law.
The authorities dealing with s.80 of the Trade Practices Act and like provisions acknowledge the prescription of statutory norms of conduct to protect the public interest.
In ICI Australia Operations Pty Ltd v Trade Practices Commission Lockhart J, with whom French J agreed, stated:
Section 80 is essentially a public interest provision. Conduct of the kind proscribed by both Pts IV and V may be detrimental to the public interest because many persons can be affected and considerable loss or damage may be sustained by them.
His Honour further stated:
Public interest injunctions are different. Parts IV and V of the act involve matters of high public policy. Part IV and V relate to practices and conduct that legislatures throughout the world in different forms and to different degrees, have decided are contrary to the public interest ...
...
These are legislative enactments of matters vital to the presence of free competition and enterprise and a just society.
Similarly, in Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd,[3] Gleeson CJ and McHugh J, in a joint judgment, stated:
An application for injunctive relief under s.80 is, in its nature, one for the protection of the public interest. The same may be said of s.163A. Any public protection of the applicant's own business or other interests is incidental or collateral. What is sought to be established by the determination of a court is a violation by the respondent of a statutory norm of conduct, and the existence of a duty or liability.
Gummow J further stated:
Section 52 [of the Trade Practices Act] thus is an exercise by the Parliament of its powers to create new norms of conduct and require their observance by specified sections of the community. The legislature may also, in exercise of its powers, adapt remedies known at general law or modify them or create new remedies. It may do so not only to prevent or to compensate for injury done by violation of the new federal norm of conduct, but to enforce or induce compliance with the federal law.