Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v Linfox Australia Pty Ltd (ACN 004 718 647) [2010] FCA 793 Citation: Comcare v Linfox Australia Pty Ltd (ACN 004 718 647) [2010] FCA 793
Parties: COMCARE v LINFOX AUSTRALIA PTY LTD (ACN 004 718 647)
File number: WAD 215 of 2009
Judge: MCKERRACHER J
Date of judgment: 27 July 2010
Catchwords: INDUSTRIAL LAW - Occupational Health And Safety - civil penalty - failure to take reasonable steps to protect health and safety - declaration as to contravention - imposition of pecuniary penalty - principles to be applied
Legislation: Federal Court of Australia Act 1976 (Cth) s 21 Crimes Act 1914 (Cth) s 4AA Occupational Health and Safety Act 1991 (Cth) ss 5, 16(1), 77, subcll 5(1) and 2(1)(a) of Sch 2, Pt 1 Safety Rehabilitation and Compensation Act 1988 (Cth) s 68
Cases cited: Australian Competition and Consumer Commission v Real Estate Institute (WA) (1999) 95 FCR 114 Comcare v Commonwealth (2009) 184 IR 441 Comcare v Commonwealth of Australia (2007) 163 FCR 207 Comcare v John Holland Rail Pty Ltd (2009) 188 IR 415 Comcare v National Gallery of Australia (2007) 98 ALD 67 Comcare v Post Logistics Australasia Pty Ltd (2008) 107 ALD 578
Date of hearing: 27 May 2010
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 47
Counsel for the Applicant: LB Black
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