Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Kobelt [2016] FCA 1561 File number: SAD 100 of 2014
Judge: WHITE J
Date of judgment: 13 December 2016
Catchwords: CONSUMER LAW – consideration of declarations to be made for contraventions of s 12CB of the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) and s 29 of the National Consumer Credit Act 2009 (Cth) – consideration of the granting of injunctive relief pursuant to s 12GD of the ASIC Act – consideration of non-punitive orders.
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 12CB, 12GD(1), 12GLA National Consumer Credit Protection Act 2009 (Cth) ss 6(1), 29
Cases cited: Australian Competition and Consumer Commission v Fisher & Paykel Customer Services Pty Ltd [2014] FCA 1393 Australian Competition and Consumer Commission v Ozdirect Online Brands Pty Ltd [2009] FCA 1604 Foster v Australian Competition and Consumer Commission (ABN 83 975 695 966) [2006] FCAFC 21; (2006) 149 FCR 135
Date of hearing: 13 December 2016
Registry: South Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Category: Catchwords
Number of paragraphs: 25
Counsel for the Applicant: Mr T Duggan SC with Ms K Clark
Solicitor for the Applicant: Australian Securities and Investments Commission
Counsel for the Respondent: Mr DA Trim QC
Solicitor for the Respondent: Lempriere Abbott McLeod
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