30 September 2003: Proceedings for contempt were instituted in the Federal Court, Sydney, against Mr David ZeroPopulationGrowth Hughes. The ACCC alleged Mr Hughes had supplied contraceptives in breach of orders made by Justice Allsop in March 2002.
In 2002 the ACCC successfully brought an action against Mr Hughes, trading as Crowded Planet, for breaches of the Trade Practices Act about advertisements published on the internet on the supply of oral contraceptives.
18 March 2002: Justice Allsop made orders that Mr Hughes be restrained from supplying oral contraceptives in Australia without disclosing in any promotional medium, including any internet site, that:
it is illegal to supply the specified oral contraceptives to persons in Australia without prescription
it is illegal for a person to acquire the specified oral contraceptives without prescription
there are significant health risks in taking some oral contraceptives without obtaining medical advice about the suitability of those medications for use by the particular individual
free medical assistance, including the appropriate issuing of a prescription, is available in Australia to Australian citizens and permanent residents who want to use oral contraceptives
it is significantly less expensive to get oral contraceptives on prescription from a pharmacy in Australia than it is to buy them from Crowded Planet
Mr Hughes be restrained from supplying the specified oral contraceptives to persons in the United States of America.
The ACCC alleged that Mr Hughes has not complied with those orders by supplying contraceptives into the United States of America and contracting to supply in Australia.
16 December 2003: A directions hearing was set before Justice Cont in Sydney.
29 April 2004: The court agreed that Mr Hughes had engaged in contempt and Justice Cont ordered that Mr David Hughes be imprisoned for a total period of six months. Mr Hughes will serve two months immediately and the remaining four months was suspended. The four months would be served if Mr Hughes again breached the previous orders.
Justice Cont also ordered that Mr Hughes transfer his website to the ACCC. The ACCC will then post a consumer notice on the site, advising consumers of the illegalities under the Trade Practices Act 1974 of the conduct. Justice Cont took into account Mr Hughes personal circumstances in setting the time for imprisonment.
The ACCC had assistance from the US Food and Drug Administration which bought contraceptives from a website run by Mr Hughes. Mr Hughes also sold contraceptives to an officer of the ACCC without the warnings being on the website.
8 November 2004: Appeal hearing in Federal Court, Sydney. Two issues: procedural fairness and error in the precision and language of some orders.
30 November 2004: The Full Federal Court upheld part of an appeal by David Hughes against a finding of contempt; Mr Hughes appealed on four grounds including that the orders relating to the transfer of the website be set aside (the ACCC consented with this). The Full Court varied the orders to allow for the imprisonment suspension to be for a period of 2 years from the date of the order.
20 December 2004: Special leave application to the High Court of Australia filed by David Hughes
9 March 2005: Special leave application abandoned by David Hughes.
