The ACCC has filed an appeal against the Federal Court's decision in July 2026, to dismiss the ACCC's allegations that Magnamail Pty Ltd (Magnamail) made false or misleading representations to consumers in its mail order catalogue promotions.
Between May 2022 and July 2023, Magnamail sent promotional materials such as letters, envelopes, catalogues and scratch cards to hundreds of thousands of consumers in connection with 12 'pre-draw' prize promotions. The Court last month dismissed the ACCC's allegations that Magnamail had made false or misleading statements in connection with those promotions.
The Court also dismissed the ACCC's case against Magnamail's parent company, Direct Group Pty Ltd. The ACCC is not appealing this aspect of the decision.
The appeal will be heard on a date to be fixed by the Court.
Background
Magnamail is a direct mail order catalogue business that operated in Australia and New Zealand. Magnamail sold a range of merchandise through catalogues distributed to the public. Magnamail's catalogues generally included a promotion that consumers could participate in if they made a purchase from the catalogue.
Magnamail stopped running pre-draw promotions in 2023, during the course of the ACCC's investigation.
Magnamail is owned by Direct Group Pty Ltd. Direct Group is a direct-to-consumer retailer through a range of brands or publications such as Reader's Digest, Over Sixty, Infashion, House of Pets, and TVSN (Television Shopping Network), a shopping network channel that broadcasts on free-to-air TV and subscription services such as Foxtel.
In November 2024, the ACCC instituted proceedings in the Federal Court against Magnamail for allegedly making false or misleading statements in relation to pre-draw promotions, and its parent company Direct Group for allegedly being knowingly involved in this conduct.
