Landmark spam case begins in the federal court

A landmark court case, which alleges a Perth-based company has breached the Spam Act 2003 and is sending unsolicited e-mail across the globe, began in Perth yesterday.

Initiated by the Australian Communications and Media Authority (ACMA), the matter is being heard in the federal court against Clarity1 Pty Ltd and its sole director Wayne Robert Mansfield.

Clarity1, which also trades as Business Seminars Australia and Maverick Partnership, is accused of sending at least 56 million unsolicited commercial e-mails in the 12 months after the legislation came into force in April 2004.

Justice Robert Nicholson issued an interim injunction last August ordering Clarity1 not to send out unsolicited e-mail in breach of the act pending resolution of the case.

But Stephen Owen-Conway, QC, began ACMA's opening address in Perth by telling the court that Clarity1 is continuing to breach the Act. "It is alleged the company is continuing to send unsolicited messages," Owen-Conway said.

The case revolves around whether Clarity1 had prior consent of recipients before sending the e-mails, the QC said.

Mansfield is arguing consent was involved because recipients of his e-mails did not unsubscribe and the addresses from which he sent e-mails were traceable.

However, Owen-Conway said Clarity1 disguised the origin of e-mails, placing fictional names in the "From" section of the e-mails.

He said Clarity1 also used e-mail addresses harvested by special-purpose software and used a network of six remote servers.

He told the court Mansfield's databases contained 11.8 million electronic addresses.

The Spam Act does not allow addresses from harvested software to be used.

The company faces fines up to $1.1 million a day if found guilty.

Join the newsletter!

Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Linda Machin

Show Comments

Cool Tech

Breitling Superocean Heritage Chronographe 44

Learn more >

SanDisk MicroSDXC™ for Nintendo® Switch™

Learn more >

Toys for Boys

Family Friendly

Panasonic 4K UHD Blu-Ray Player and Full HD Recorder with Netflix - UBT1GL-K

Learn more >

Stocking Stuffer

Razer DeathAdder Expert Ergonomic Gaming Mouse

Learn more >

Christmas Gift Guide

Click for more ›

Most Popular Reviews

Latest Articles


PCW Evaluation Team

Edwina Hargreaves

WD My Cloud Home

I would recommend this device for families and small businesses who want one safe place to store all their important digital content and a way to easily share it with friends, family, business partners, or customers.

Walid Mikhael

Brother QL-820NWB Professional Label Printer

It’s easy to set up, it’s compact and quiet when printing and to top if off, the print quality is excellent. This is hands down the best printer I’ve used for printing labels.

Ben Ramsden

Sharp PN-40TC1 Huddle Board

Brainstorming, innovation, problem solving, and negotiation have all become much more productive and valuable if people can easily collaborate in real time with minimal friction.

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Ratchada Dunn

Sharp PN-40TC1 Huddle Board

The Huddle Board’s built in program; Sharp Touch Viewing software allows us to easily manipulate and edit our documents (jpegs and PDFs) all at the same time on the dashboard.

George Khoury

Sharp PN-40TC1 Huddle Board

The biggest perks for me would be that it comes with easy to use and comprehensive programs that make the collaboration process a whole lot more intuitive and organic

Featured Content

Product Launch Showcase

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?