Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Get Qualified Australia Pty Ltd [2016] FCA 976 File number: VID 896 of 2016
Judges: BEACH J
Date of judgment: 18 August 2016
Catchwords: PRACTICE AND PROCEDURE – freezing orders – alleged contraventions of the Australian Consumer Law – whether power to grant freezing orders under s 137F(1) of the Competition and Consumer Act 2010 (Cth) – the interaction between s 137F and Division 4, Part 7, Chapter 2 of the Federal Court Rules 2011 (Cth) – whether regulator required to provide undertaking as to damages
Legislation: Competition and Consumer Act 2010 (Cth) s 137F Federal Court of Australia Act 1976 (Cth) s 23 Federal Court Rules 2011 (Cth) Division 7.4, Part 7, Chapter 2 Judiciary Act 1903 (Cth) ss 56, 64
Cases cited: Australian Communications and Media Authority v Mobilegate Ltd (2009) 256 ALR 85; [2009] FCA 539 Australian Competition and Consumer Commission v Chaste Corporation (No 1) (2003) 127 FCR 418 Australian Competition and Consumer Commission v Clinica Internationale Pty Ltd [2015] FCA 1006 Australian Competition and Consumer Commission v Clinica Internationale Pty Ltd (in liq) (No 3) [2016] FCA 284 Australian Competition and Consumer Commission v Giraffe World Australia Pty Ltd (1998) 84 FCR 512 Australian Competition and Consumer Commission v Unique International College Pty Ltd (No 4) [2016] FCA 628 Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 Commonwealth of Australia v John Fairfax & Sons Ltd (1980) 147 CLR 39 Curtis v NID Pty Ltd [2010] FCA 1072 Deputy Commissioner of Taxation v Hua Wang Bank Berhad (2010) 273 ALR 194; [2010] FCA 1014 F. Hoffmann-La Roche & Co AG v Secretary of State for Trade and Industry [1975] AC 295 National Australia Bank Ltd v Bond Brewing Holdings Ltd (1990) 169 CLR 271 PT Bayan Resources TBK v BCBC Singapore Pty Ltd (2015) 325 ALR 168; [2015] HCA 36 Trade Practices Commission v Santos Ltd (1992) 38 FCR 382
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