Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v Linfox Australia Pty Ltd [2015] FCA 61 Citation: Comcare v Linfox Australia Pty Ltd [2015] FCA 61
Parties: COMCARE v LINFOX AUSTRALIA PTY LTD (ACN 004 718 647)
File number: VID 1354 of 2013
Judge: FLICK J
Date of judgment: 12 February 2015
Catchwords: INDUSTRIAL LAW – failure to take reasonably practicable steps to ensure safety of employee – quantification of penalty to be imposed PRACTICE AND PROCEDURE – agreed statement of facts – power to make a declaration – power to quantify penalty
Legislation: Occupational Health and Safety Act 1991 (Cth)
Cases cited: Australian Competition and Consumer Commission v BAJV Pty Ltd [2014] FCAFC 52 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 Australian Competition and Consumer Commission v Digital Products Group Pty Ltd [2006] FCA 1732, (2007) ATPR 42-144 Australian Competition and Consumer Commission v Fisher & Paykel Customer Services Pty Ltd [2014] FCA 1393 Australian Competition and Consumer Commission v Pirovic Enterprises Pty Ltd (No 2) [2014] FCA 1028 Australian Competition and Consumer Commission v Real Estate Institute of Western Australian Incorporated [1999] FCA 18, (1999) 161 ALR 79 Australian Competition & Consumer Commission v Renegade Gas Pty Ltd (trading as Supagas NSW) [2014] FCA 1135 Australian Competition and Consumer Commission v South East Melbourne Cleaning Pty Ltd (in liq) (formerly known as Coverall Cleaning Concepts South East Melbourne) [2015] FCA 25 BMW Australia Limited v Australian Competition and Consumer Commission [2004] FCAFC 167, (2004) 207 ALR 452 Comcare v Commonwealth of Australia [2007] FCA 662, (2007) 163 FCR 207 Comcare v Commonwealth of Australia [2012] FCA 1419, (2012) 132 ALD 480 Comcare v John Holland Pty Ltd [2014] FCA 1191 Comcare v Post Logistics Australasia Pty Ltd [2012] FCAFC 168, (2012) 207 FCR 178 Comcare v Transpacific Industries Pty Ltd [2012] FCA 90 Comcare v Transpacific Industries Pty Ltd [2014] FCA 1420 DP World Sydney Limited v Maritime Union of Australia (No 2) [2014] FCA 596 Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72, (2004) ATPR 41-993 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Rural Press Limited v Australian Competition and Consumer Commission [2003] HCA 75, (2003) 216 CLR 53 Trade Practices Commission v CSR Limited (1991) ATPR 41–076
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