Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Get Qualified Australia Pty Ltd [2016] FCA 1560 File number: VID 1074 of 2016
Judge: BEACH J
Date of judgment: 19 December 2016
Catchwords: PRACTICE AND PROCEDURE – application for interim injunction to restrain the respondents from commencing debt collection or related activities until determination of substantive proceeding – debt collection or related activities allegedly associated with conduct the subject of allegations made by the regulator in the substantive proceeding – whether there is a prima facie case – balance of convenience – broader injunction sought by regulator refused – narrower injunction ordered
Legislation: Competition and Consumer Act 2010 (Cth), Sch 2 s 18, 21, 23, 24, 29, 232, 234 Federal Court of Australia Act 1976 (Cth) s 23
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Australian Competition and Consumer Commission v Get Qualified Australia Pty Ltd [2016] FCA 976 Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238
Date of hearing: 16 and 19 December 2016
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Category: Catchwords
Number of paragraphs: 41
Counsel for the Applicant: Mr N J O'Bryan SC with Ms C Cunliffe
Solicitor for the Applicant: Corrs Chambers Westgarth
Counsel for the Respondents: Mr J O'Sullivan
Solicitor for the Respondents: Etienne Lawyers
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