Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Adata (Vic) Pty Ltd (No 3) [2015] FCA 583 Citation: Australian Competition and Consumer Commission v Adata (Vic) Pty Ltd (No 3) [2015] FCA 583
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v ADATA (VIC) PTY LTD ACN 099 814 749, ADATA (CARRIERS) PTY LTD (ACN 072 129 321) and WAYNE WRIGHT
File number: NTD 19 of 2014
Judge: REEVES J
Date of judgment: 12 June 2015
Catchwords: PRACTICE AND PROCEDURE – application for default judgment under r 5.23(2)(c) – relevant principles for granting default judgment including for declaratory orders – consideration of discretion in making declaratory orders on deemed admissions – consideration of use of "and/or" in establishing whether each element of contravention properly pleaded – whether declaratory orders should be made CONSUMER LAW – consideration of contraventions of the unsolicited consumer agreement provisions in Division 2 of Part 3-2 of the Australian Consumer Law – consideration of the elements necessary to establish contraventions of ss 73, 76, 78, 79 and 86 of the ACL – consideration of the reverse onus provision in s 70 of the ACL – whether facts properly pleaded to establish any contravention of the ACL
Legislation: Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth) Competition and Consumer Act 2010 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Tax Agents Services Act 2009 (Cth)
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