Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Birubi Art Pty Ltd (No 2) [2018] FCA 1785 File number: NSD 425 of 2018
Judge: PERRY J
Date of judgment: 7 December 2018
Date of publication of reasons: 15 January 2019
Catchwords: PRACTICE AND PROCEDURE – application for leave to proceed under subs 500(2) of the Corporations Act 2001 (Cth) – where serious question as to appropriate penalties for contravening conduct remains to be tried – where strong public interest in proceedings continuing – where contravening corporation has submitted to the orders of the Court save as to costs – application allowed
Legislation: Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth)
Cases cited: Australian Competition and Consumer Commission v ACN 135 183 372 (Administrators Appointed) (formerly known as Energy Watch Pty Ltd) [2012] FCA 586 Australian Competition and Consumer Commission v Advanced Medical Institute Pty Limited (Administrator Appointed) (No 3) [2011] FCA 348 Australian Competition and Consumer Commission v Australian Institute of Professional Education Pty Ltd (in liq) [2017] FCA 521 Australian Competition and Consumer Commission v Birubi Art Pty Ltd [2018] FCA 1595 Australian Competition and Consumer Commission v Link Solutions Pty Ltd [2008] FCA 1790 Australian Competition and Consumer Commission v Phoenix Institute of Australia Pty Ltd (subject to Deed of Company Arrangement) [2016] FCA 1246; (2016) 116 ACSR 353 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54; (2013) 250 CLR 640 Commercial Banking Co of Sydney Ltd v George Hudson Pty Ltd (In Liq) (1973) 131 CLR 605 Larkden Pty Ltd v Lloyd Energy Systems Pty Ltd [2011] NSWSC 1305; (2011) 285 ALR 207 Phoenix Institute of Australia Pty Ltd v Australian Competition and Consumer Commission [2017] FCAFC 155 Re Gordon Grant & Grant Pty Ltd [1983] 2 Qd R 314 Rushleigh Services Pty Ltd (In Liq) (Receivers and Managers Appointed) v Forge Group Ltd (In Liq) (Receivers and Managers Appointed) [2016] FCA 1471 Vagrand Pty Ltd (In Liq) v Fielding (1993) 41 FCR 550
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