Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Director of Consumer Affairs Victoria v Gibson (No 4) [2018] FCA 1868 File number: VID 535 of 2016
Judge: MORTIMER J
Date of judgment: 27 November 2018
Catchwords: PRACTICE AND PROCEDURE – application for variation of orders after entry so as to include an endorsement pursuant to r 41.06 of the Federal Court Rules 2011 (Cth) – where variation sought after time for compliance had lapsed – consideration of appropriate form or penal notice – whether variation available under rr 39.05 or 1.32 – application allowed
Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, s 21 Corporations Act 2001 (Cth), s 500(2) Federal Court of Australia Act 1976 (Cth), ss 36, 37M Federal Court Rules 2011 (Cth), rr 1.32, 1.34, 39.05(f), 39.31, 39.35, 41.06, 41.07, Div 39.4 Australian Consumer Law and Fair Trading Act 2012 (Vic), s 8
Cases cited: 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 True Alliance Trading Pty Ltd (formerly, Reebok Australia Pty Ltd) (No 2) [2017] FCA 990 Australian Securities & Investments Commission v Yandal Gold [2003] FCA 77 Burrell v R [2008] HCA 34; 238 CLR 218 Cooper, in the matter of Chopsonion Pty Ltd (Receivers and Managers Appointed) v Chopsonion Pty Ltd (Receivers and Managers Appointed) [2017] FCA 1207 De L v Director-General, New South Wales Department of Community Services (No 2) [1997] HCA 14; 190 CLR 207 Director of Consumer Affairs Victoria v Gibson (No 3) [2017] FCA 1148 Director of Consumer Affairs Victoria v Gibson [2017] FCA 240 Eastman v R [2008] FCAFC 62; 166 FCR 579 Humane Society International Inc v Kyodo Senpaku Kaisha Ltd [2015] FCA 1275; 238 FCR 209 Hurd v Zomojo Pty Ltd [2015] FCAFC 148 Mason v MWREDC Limited [2012] FCA 1083 Mensink v Parbery [2018] FCAFC 101 NH v Director of Public Prosecutions (SA) [2016] HCA 33; 260 CLR 546 Siminton v Australian Prudential Regulation Authority [2006] FCAFC 118; 152 FCR 129 Sydney Medical Service Co-operative Limited v Lakemba Medical Services Pty Ltd (No 2) [2016] FCA 1188 Tax Practitioners Board v Lamede Group Proprietary Limited (No 2) [2016] FCA 656 Titan Support Systems Inc v Nguyen (No 2) [2015] FCA 359
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