On 12 December 2013 the High Court of Australia held TPG
Internet Pty Ltd had engaged in misleading and deceptive conduct
when it ran certain advertisements between 2010 and
2011.1
TPG's advertisements for ADSL2+ "prominently
displayed" a price for the service of $29.99 per month, while
qualifying the offer 'much less prominently' with
conditions that more than doubled the overall price.2
The Australian Competition and Consumer Commission
(ACCC) was initially successful in pursuing TPG
for misleading and deceptive conduct when the case went to the
Federal Court of Australia, however it was overturned when TPG
appealed to the Full Court of the Federal Court of Australia.
The High Court held that the initial decision of the Federal
Court was correct. While the Full Court of the Federal Court noted
that 'many persons will only absorb the general thrust' of
an advertisement,3 the High Court took the view that it
did not give proper consideration to the importance of
