Sydney Medical Service Co-operative Limited v Lakemba Medical Services Pty Ltd (No 2) [2016] FCA 1188

FEDERAL COURT OF AUSTRALIA

Sydney Medical Service Co-operative Limited v Lakemba Medical Services Pty Ltd (No 2) [2016] FCA 1188 File number: NSD 349 of 2016

Judge: FLICK J

Date of judgment: 6 October 2016

Catchwords: PRACTICE AND PROCEDURE – manner of making application for contempt – dispensing with requirement for an endorsed copy of orders CONTEMPT OF COURT – non-compliance with Court orders – imposition of a fine – daily fine

Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, ss 18, 29(1)(h) Federal Court of Australia Act 1976 (Cth), s 31 Federal Court Rules 1979 (Cth) O 40, r 6 Federal Court Rules 2011 (Cth) rr 41.06, 42.11, 42.12, 42.13, 42.15

Cases cited: Advan Investments Pty Ltd v Dean Gleeson Motor Sales Pty Ltd [2003] VSC 201 Alfred v Construction, Forestry, Mining and Energy Union (No 2) [2011] FCA 557 Australian Competition and Consumer Commission v ACN 117 372 915 Pty Ltd (in liq) (formerly Advanced Medical Institute Pty Limited) [2015] FCA 1441 Australian Competition and Consumer Commission v INFO4PC.Com Pty Ltd [2002] FCA 949, (2002) 121 FCR 24 Australian Competition and Consumer Commission v Levi (No 3) [2008] FCA 1586 Australian Competition and Consumer Commission v World Netsafe Pty Ltd [2003] FCA 1501, (2003) 133 FCR 279 Australian Securities & Investments Commission v Michalik [2004] NSWSC 1259, (2004) 52 ACSR 115 Bob Jane Corporation Pty Ltd v ACN 149 801 141 Pty Ltd [2014] FCA 637 Hughes v Australian Competition & Consumer Commission [2004] FCAFC 319 Hurd v Zomojo Pty Ltd [2015] FCAFC 148 Louis Vuitton Malletier SA v Design Elegance Pty Ltd [2006] FCA 83 Metcash Trading Limited v Bunn (No 6) [2009] FCA 266 Pelechowski v Registrar, Court of Appeal (NSW) [1999] HCA 19, (1999) 198 CLR 435 Sydney Medical Service Co-operative Limited v Lakemba Medical Services Pty Ltd [2016] FCA 763 Titan Support Systems Inc v Nguyen (No 2) [2015] FCA 359