Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Ultra Tune Australia Pty Ltd v Australian Competition and Consumer Commission [2025] FCAFC 1 Appeal from: Australian Competition and Consumer Commission v Ultra Tune Australia Pty Ltd (No 3) [2024] FCA 156
File number:
Judgment of: MARKOVIC, LEE AND ABRAHAM JJ
Date of judgment: 28 January 2025
Catchwords: CONTEMPT OF COURT – enforcement of contempt where orders not complied with by contemnor were not endorsed – principles for assessment of damages for contempt – appeal dismissed
Federal Court of Australia Act 1976 (Cth) s 31 Legislation: Federal Court Rules 2011 (Cth) rr 1.34, 41.06, 41.07, 41.08 Federal Court Rules 1979 (Cth) O 37 r 2
Australian Building and Construction Commissioner v Pattinson (2022) 274 CLR 450 Construction, Forestry, Mining and Energy Union v Boral Resources (Vic) Pty Ltd (2015) 256 CLR 375 Director of Consumer Affairs of Victoria v Gibson (No 4) [2018] FCA 1868 Ferguson v Dallow (No 5) [2021] FCA 698 Hili v The Queen (2010) 242 CLR 520 Cases cited: Humane Society International v Kyodo Senapaku Kaisha Ltd (2015) 238 FCR 209 Kazal v Thunder Studios Inc (California) (2016) 256 FCR 90 Mensink v Parbery (2018) 264 FCR 265 Re Modern Woodcraft Pty Ltd (In Liquidation) (1997) 75 FCR 245 Siminton v Australian Prudential Regulation Authority (2006) 152 FCR 129 Titan Support Systems Inc v Nguyen (No 2) [2015] FCA 359 Witham v Holloway (1995) 183 CLR 525
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