Heritage Building Society Limited v Brooks Consultancy Services Pty Ltd [2002] FCA 410

FEDERAL COURT OF AUSTRALIA

Heritage Building Society Limited v Brooks Consultancy Services Pty Ltd

[2002] FCA 410

HERITAGE BUILDING SOCIETY LIMITED v BROOKS CONSULTANCY SERVICES PTY LTD AND REMI MORGAN BURNS PTY LTD Q 33 OF 2002 DRUMMOND J BRISBANE 8 MARCH 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 33 OF 2002

BETWEEN: Heritage Building Society

APPLICANT

AND: Brooks Consultancy Services Pty Ltd

FIRST RESPONDENT

Remi Morgan Burns Pty Ltd

SECOND RESPONDENT

JUDGE: Drummond J

DATE OF ORDER: 8 March 2002

WHERE MADE: BRISBANE

UPON the applicant by its Senior Counsel giving the usual undertaking as to damages

THE COURT ORDERS THAT:

1. The time for service of this application and supporting affidavits be abridged to enable this application to be heard instanter.

2. The respondents, and each of them, by their directors, officers, servants, agents or otherwise howsoever be restrained from using the name "Heritage Asset Planning" or any colourable variation of that name in connection with the conduct of a seminar on 12 March 2002 at the Mercure Hotel Burke & Wills, 554 Ruthven Street, Toowoomba unless:

(a) attendees at the seminar are provided upon their arrival at the seminar with a notice in writing marked:

"IMPORTANT NOTICE

Heritage Asset Planning HAS NO ASSOCIATION, direct or indirect, with Heritage Building Society" ('the Notice')

by providing a copy of the Notice to such attendees as either a separate document printed on A4 paper or as the document placed on the top of any documents provided to attendees;

(b ) a copy of the notice in print no smaller than a font size of 5 centimetres is posted at all public entrances to the room at which the seminar is to be held;