The injunctions, issued today, apply until a further hearing on 4 August. Justice Robert Nicholson ordered Clarity1 not "send commercial electronic messages with an Australian link to any electronic address, except where it has the prior consent, in accordance with the [Spam Act 2003], of the recipient or is otherwise permitted by the Spam Act". The 'Australian link' refers to provisions in the Spam Act that deal with the physical location of the individual or the equipment used to send commercial electronic messages.
Clarity1 and its owner Wayne Mansfield are embroiled in a legal wrangle with the Australian Communications and Media Authority (ACMA), who alleges the company sent at least 56 million commercial e-mails in the 12 months after the nation's Spam Act was enacted in April 2004.
Mansfield is currently in the United States and unavailable for comment. The court moved on a request by the ACMA.
The legal hearings follow on from a raid by the ACMA's predecessor, the Australian Communications Authority carried out in early April on Clarity's premises in Perth.
