Infa-Secure Pty Limited v Crocker [2015] FCA 830

FEDERAL COURT OF AUSTRALIA

Infa-Secure Pty Limited v Crocker [2015] FCA 830 Citation: Infa-Secure Pty Limited v Crocker [2015] FCA 830

Parties: INFA-SECURE PTY LIMITED (ACN 149 173 660) v DEBRA ANN CROCKER

File number: QUD 9 of 2015

Judge: REEVES J

Date of judgment: 13 August 2015

Catchwords: CONTEMPT OF COURT – application for finding of contempt of court under r 42 of the Federal Court Rules 2011 (Cth) – where failure to comply with an undertaking given to the Court – whether application for contempt complies with requirements of r 42 of the Federal Court Rules 2011 (Cth) – whether respondent has breached undertaking – consideration of the meaning and scope of the undertaking – consideration of the time limit on the operation of the undertaking – whether the charges are established beyond reasonable doubt – whether conduct was casual, accidental or unintentional

Legislation: Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) Copyright Act 1968 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Judiciary Act 1903 (Cth) Trade Marks Act 1995 (Cth)

Cases cited: Baxter v Obacelo Pty Ltd (2001) 205 CLR 635; [2001] HCA 66 Commonwealth Bank of Australia v Salvato (No 4) [2013] NSWSC 321 Commonwealth Trading Bank of Australia v Inglis (1974) 131 CLR 311 Construction, Forestry, Mining and Energy Union v Boral Resources (Vic) Pty Ltd [2015] HCA 21 Construction, Forestry, Mining and Energy Union v Director of Fair Work Building Industry Inspectorate (2014) 225 FCR 210; [2014] FCAFC 101 Crocker v Toys 'R' Us (Australia) Pty Ltd (No 3) [2015] FCA 728 Crocker v Toys 'R' Us (Australia) Pty Ltd [2015] FCA 588 Levinge on behalf of the Gold Coast Native Title Group v State of Queensland [2012] FCA 1321 Nau v Kemp & Associates [2010] NSWCA 164 Ramsey v Skyring (1999) 164 ALR 378; [1999] FCA 907 Titan Support Systems Inc v Nguyen (No 2) [2015] FCA 359