ACCC v Halkalia Pty Ltd (No 2) [2012] FCA 535

FEDERAL COURT OF AUSTRALIA

Citation:		ACCC v Halkalia Pty Ltd (No 2) [2012] FCA 535

Parties:		AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v HALKALIA PTY LTD ACN 010 134 362, HEARTLINK ENTERPRISES PTY LTD ACN 126 143 075, NATIONAL SEMI-RETIRED GROUP PTY LTD ACN 080 966 454, LAURENCE GLYNNE HANN and VICKI ANN LOWE

File number:		VID 362 of 2011

Judge:		TRACEY J

Date of judgment:		28 May 2012

Catchwords:		TRADE PRACTICES – hearing on penalty – liability already determined – sought – declaratory relief – injunctive relief – penalties – other orders – granted

Legislation:		Australian Consumer Law s 232 Corporations Act 2001 (Cth) ss 206C, 206E, 601AH Fair Trading Act 1999 (Vic) Federal Court Act 1976 (Cth) s 21 Federal Court Rules 2011 (Cth) r 5.23 Trade Practices Act 1974 (Cth) ss 6, 51A, 52, 76E, 80, 86E

Cases cited:		ACCC v Dukemaster Pty Ltd [2009] FCA 682 cited, considered ACCC v Fila Sport Oceania Pty Ltd (2004) ATPR 41-983 cited ACCC v Midland Brick Company Pty Ltd (2004) 207 ALR 329 cited ACCC v Singtel Optus Pty Ltd (No 4) (2011) 282 ALR 246 compared ACCC v The Vales Wine Company Pty Ltd (1996) ATPR 41-528 cited Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 cited ASIC v Adler (2002) 42 ACSR 80 cited Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 J McPhee and Son (Aust) Pty Ltd v ACCC (2000) 172 ALR 532 Keehn v Medical Benefits Fund of Australia Ltd (1977) 14 ALR 77 cited NW Frozen Foods Pty Ltd v ACCC (1996) 71 FCR 285 cited Rich v ASIC (2004) 220 CLR 129 cited Rural Press Limited v ACCC (2003) 216 CLR 53 compared Speedo Holdings BV v Evans (No 2) [2011] FCA 1227 cited

Date of hearing:	19-23 March 2012

Date of last submissions:	20 April 2012

Place:	Melbourne

Division:	GENERAL DIVISION

Category:	Catchwords

Number of paragraphs:	113

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

Applicant

AND:

HALKALIA PTY LTD ACN 010 134 362

First Respondent

HEARTLINK ENTERPRISES PTY LTD ACN 126 143 075

Second Respondent

NATIONAL SEMI-RETIRED GROUP PTY LTD ACN 080 966 454

Third Respondent

LAURENCE GLYNNE HANN

Fourth Respondent

VICKI ANN LOWE

Fifth Respondent

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

THE COURT DECLARES THAT:

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

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

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

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

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

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.

PENAL NOTICE TO RESPONDENTS:

IF YOU

(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

Applicant

AND:

HALKALIA PTY LTD ACN 010 134 362

First Respondent

HEARTLINK ENTERPRISES PTY LTD ACN 126 143 075

Second Respondent

NATIONAL SEMI-RETIRED GROUP PTY LTD ACN 080 966 454

Third Respondent

LAURENCE GLYNNE HANN

Fourth Respondent

VICKI ANN LOWE

Fifth Respondent

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.

Associate:

Dated: 28 May 2012

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