Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition & Consumer Commission v Refund Home Loans Pty Ltd ACN 106 212 300 (No 2) [2010] FCA 237 Citation: Australian Competition & Consumer Commission v Refund Home Loans Pty Ltd ACN 106 212 300 (No 2) [2010] FCA 237
Parties: AUSTRALIAN COMPETITION & CONSUMER COMMISSION v REFUND HOME LOANS PTY LTD ACN 106 212 300 and WAYNE RODNEY ORMOND
File number: QUD 249 of 2009
Judge: LOGAN J
Date of judgment: 12 March 2010
Catchwords: TRADE PRACTICES - Misleading or deceptive conduct - Where matter referred to mediation - Whether Court has power to make orders with respect to corrective advertising - Held the Court has the power to make such orders pursuant to the Federal Court of Australia Act 1976 (Cth) and the Trade Practices Act 1974 (Cth), ss 80 and 86C. PRACTICE AND PROCEDURE - Where matter referred to mediation - Whether relief proposed at mediation ought to be granted - Relief in the form of declarations - Declarations ought not be awarded where framed in terms of a broad contravention of a statute - Held declarations proposed appropriately specific and in the public interest to make them
Legislation: Federal Court of Australia Act 1976 (Cth) Trade Practices Act 1974 (Cth) ss 52, 53, 80
Date of hearing: 12 March 2010
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 9
Counsel for the Applicant: Mr P O'Shea SC
Solicitor for the Applicant: Corrs Chambers Westgarth
Counsel for the Respondents: Mr P Morrison QC
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