Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Energizer Australia Pty Ltd v Remington Products Australia Pty Ltd (No 4) [2008] FCA 846
PRACTICE AND PROCEDURE – contempt charge against a corporation – direction that the corporation file its evidence in advance of the hearing – whether direction should be set aside
Constitution, s 71 Federal Court of Australia Act 1976 (Cth), s 31 Federal Court Rules, O 10 r 1, O 35 r 7, O 40 r 5, O 40 r 7 Australian Competition and Consumer Commission v Amcor Printing Papers Group Ltd (1999) 163 ALR 465 distinguished Australian Competition and Consumer Commission v FFE Building Services Pty Ltd (2003) 130 FCR 37 cited Australian Competition and Consumer Commission v Info4pc.com Pty Ltd (2002) 121 FCR 24 referred to Australian Securities and Investments Commission v Reid [2006] FCA 699 referred to Dietrich v The Queen (1992) 177 CLR 292 cited Environment Protection Authority v Caltex Refining Co Pty Ltd (1993) 178 CLR 477 referred to Witham v Holloway (1995) 183 CLR 525 discussed ENERGIZER AUSTRALIA PTY LTD v REMINGTON PRODUCTS AUSTRALIA PTY LTD NSD 2354 OF 2007
SACKVILLE J
5 JUNE 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2354 OF 2007
BETWEEN: ENERGIZER AUSTRALIA PTY LTD
Applicant
AND: REMINGTON PRODUCTS AUSTRALIA PTY LTD
Respondent
JUDGE: SACKVILLE J
DATE OF ORDER: 5 JUNE 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Paragraph 1 of the applicant's amended notice of motion, filed on 29 May 2008, be heard and determined prior to the hearing of paragraphs 2 and 3 of that motion. 2. Paragraph 4 of the respondent's amended notice of motion, filed on 29 May 2008, be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate