Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bob Jane Corporation Pty Ltd v ACN 149 801 141 Pty Ltd [2017] FCA 899 File number: VID 418 of 2011
Judge: BESANKO J
Date of judgment: 8 August 2017
Catchwords: PRACTICE AND PROCEDURE – consideration of an application for an order vacating an order of the Court directing the Registrar to make application for punishment of continuing contempt pursuant to r 42.16 of the Federal Court Rules 2011 (Cth) – where there is no reasonable prospect that the District Registrar will be able to prove beyond reasonable doubt a necessary element of the contempt charge – where the necessary element is that the respondent has or had the capacity to pay the relevant fines.
Legislation: Federal Court Rules 2011 (Cth) r 42.16
Cases cited: Bob Jane Corporation Pty Ltd v ACN 149 801 141 Pty Ltd [2013] FCA 1255 Bob Jane Corporation Pty Ltd v ACN 149 801 141 Pty Ltd [2014] FCA 637 Bob Jane Corporation Pty Ltd v ACN 149 801 141 Pty Ltd [2015] FCA 743 Siminton v Australian Prudential Regulation Authority (No 3) (2008) 168 FCR 140
Date of hearing: Determined on the papers
Date of last submissions: 15 August 2016
Registry: Victoria
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Category: Catchwords
Number of paragraphs: 13
Counsel for the Applicant: Mr A Nash
Solicitor for the Applicant: Clayton Utz
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