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ACCC court action against Perth lawyer

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The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court Perth against Mr David Charles Miller, a partner of Perth law firm Kott Gunning, in relation to his alleged involvement in a real estate auction program promoted by Sure Sale Systems Rty Ltd and Sure Sale Systems (Australasia) Pty Ltd.

It is alleged by the ACCC that Mr MiWer:-

• aided, abetted, counselled or procured; and/or • was knowingly concerned in or a party to, Sure Sale contravening section 47(6) of the Act, which prohibits third line forcing conduct.

The ACCC alleges that Sure Sale, by offering to supply or supplying financial and other services known as the Sure Sale System to vendors of property in Western Australia on condition that the vendors acquire services from nominated third parties, including settlement services from Kott Gunning

solicitors, breached section 47(6) of the Act.

The ACCC is seeking orders which include declarations, findings of fact, injunctions, costs and orders requiring the publishing of a public notice and the undertaking of a trade practices compliance program.

MR: 129/98 8 July 1998

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