Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Yellow Page Marketing BV (No 2) [2011] FCA 352 Citation: Australian Competition and Consumer Commission v Yellow Page Marketing BV (No 2) [2011] FCA 352
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v YELLOW PAGE MARKETING BV and YELLOW PUBLISHING LTD
File number: VID 942 of 2010
Judge: GORDON J
Date of judgment: 12 April 2011
Catchwords: PRACTICE AND PROCEDURE – orders for judgment against Respondents under O35A of the Federal Court Rules – whether O35A applies to proceedings issued in the Fast Track TRADE PRACTICES – misleading or deceptive conduct – s 52 of the Trade Practices Act 1974 (Cth) – whether representations made in facsimiles and invoices contravene s 53 (c), (d) and (e) of the Trade Practices Act 1974 (Cth) – pecuniary penalties, injunctions – relevant factors – declarations pursuant to s 21 of the Federal Court of Australia Act 1976 (Cth) – how s 21 operates in light of O35A – orders sought under s 87AAA of the Trade Practices Act 1974 (Cth) EVIDENCE – whether Applicant is entitled to rely on additional evidence in support of application for pecuniary penalties and orders sought under s 87AAA of the Trade Practices Act 1974 (Cth)
Legislation: Cheques Act 1986 (Cth) Competition and Consumer Act 2010 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules Foreign Judgments (Reciprocal Enforcement) Act 1933 (UK) Trade Practices Act 1974 (Cth) Trade Practices Amendment (Australian Consumer Law) Act (No 1) 2010 (Cth) Trade Practices Amendment (Australian Consumer Law) Act (No 2) 2010 (Cth) Convention between the United Kingdom and the Netherlands regarding Legal Proceedings in Civil and Commercial Matters (London, 31 May 1932) Dicey and Morris on The Conflict of Laws (13th ed, 2002) Reciprocal Enforcement of Foreign Judgments (Australia) Order 1994 Trade Practices Amendment (Australian Consumer Law) Bill 2009 Explanatory Memorandum
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