Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Kobelt (No 2) [2014] FCA 1118 Citation: Australian Securities and Investments Commission v Kobelt (No 2) [2014] FCA 1118
Parties: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v LINDSAY KOBELT
File number: SAD 100 of 2014
Judge: WHITE J
Date of judgment: 10 October 2014
Catchwords: PRACTICE AND PROCEDURE – pleadings – application for leave to file amended statement of claim – whether proposed pleadings comply with r 16.02 of the Federal Court Rules 2011
Legislation: Australian Securities and Investments Commission Act 2001 (Cth), ss 12CB(1) and 12CB(4)(b) Federal Court Rules 2011 (Cth), rr 16.02, 16.45 National Consumer Credit Protection Act 2009 (Cth), s 6, 29, Sch 1
Cases cited: Australian Securities and Investments Commission v Kobelt [2014] FCA 737 H Stanke & Sons Pty Ltd v O'Meara [2007] SASC 246; (2007) 98 SASR 450 Port of Melbourne Authority v Anshun Pty Ltd (1980) 147 CLR 589 Tonto Home Loans Australia Pty Ltd v Tavares [2011] NSWCA 389
Date of hearing: 10 October 2014
Place: Adelaide
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 28
Counsel for the Applicant: Mr T Duggan SC with Ms N Charlesworth
Solicitors for the Applicant: Australian Securities and Investments Commission
Counsel for the Respondent: Mr D Trim QC with Mr S McDonald
Solicitor for the Respondent: Lempriere Abbott McLeod
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