Australian Competition and Consumer Commission v ACN 117 372 915 Pty Ltd (in liq) (formerly Advanced Medical Institute Pty Limited) [2016] FCA 1437

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v ACN 117 372 915 Pty Ltd (in liq) (formerly Advanced Medical Institute Pty Limited) [2016] FCA 1437 File number: VID 1113 of 2010

Judge: MOSHINSKY J

Date of judgment: 1 December 2016

Catchwords: CONTEMPT OF COURT – penalty – applicable principles for determination of penalty – where contemnor on notice that it was in breach of injunctions – where conduct in breach continued after warnings – where no explanation provided by contemnor

Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth)

Cases cited: ACE Insurance Ltd v Trifunovski (No 2) (2012) 215 IR 206; [2016] FCA 793 Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in liq) (formerly Advanced Medical Institute Pty Limited) [2015] FCA 1441 Australian Competition and Consumer Commission v Michalik (2004) 52 ACSR 115; [2004] NSWSC 1259 Australian Competition and Consumer Commission v World Netsafe Pty Ltd (2003) 133 FCR 279 Construction, Forestry, Mining and Energy Union v Grocon Constructors (Victoria) Pty Ltd [2014] VSCA 261 Construction, Forestry, Mining and Energy Union v Pilbara Iron Co (Services) Pty Ltd (No 4) (2012) 225 IR 113; [2012] FCA 894 Energizer Australia Pty Ltd v Proctor & Gamble Australia Pty Ltd [2016] FCA 347 Humane Society International Inc v Kyodo Senpaku Kaisha Ltd (2015) 238 FCR 209 Mosman Municipal Council v Kelly (No 3) (2009) 167 LGERA 91; [2009] NSWLEC 92 NRM Corporation Pty Ltd v Australia Competition and Consumer Commission [2016] FCAFC 98 NRM Trading Pty Ltd v Australian Competition and Consumer Commission [2015] FCA 595 Sydney Medical Service Co-operative Limited v Lakemba Medical Services Pty Ltd (No 2) [2016] FCA 1188 Vaysman v Deckers Outdoor Corporation Inc (2011) 276 ALR 596