Monetary remedies under the Trade Practices Act

Abstract

With the Trade Practices Act becoming increasingly more important in litigation, it is strange that there has not been more attention on the monetary remedies available under that Act. With a recent decision and with another arguement yet to be heard in another case, the High Court is in the process of challenging that obscurity. The monetary remedies are provided under the Act in ss 82 and 87. This article will examine three unexplored aspects of monetary remedies and so highlight the process that the High Court has embarked upon to alter the obscurity of these monetary remedies. The first is the impact of Henville the most recent High Court decision on s 82, while the second aspect that will be examined is the inter-relationship between these monetary remedies. Finally, some brief comments will be made regarding the roles to be played by both the court and the plaintiff in the process of awarding the appropriate remedy under this Act.