Nature's Care Manufacture Pty Ltd v Australian Made Campaign Limited [2018] FCA 1936

FEDERAL COURT OF AUSTRALIA

Nature's Care Manufacture Pty Ltd v Australian Made Campaign Limited [2018] FCA 1936 File number: NSD 1643 of 2018

Judge: PERRAM J

Date of judgment: 3 December 2018

Catchwords: CONSUMER LAW – Australian Consumer Law s 255 – safe harbour provisions – country of origin representations – whether fish oil and vitamin D capsules substantially transformed in Australia – where fish oil and vitamin D imported into Australia – where Applicant seeks to continue using 'Australian Made' logo on product

Legislation: Competition and Consumer Act 2010 sch 2 s 255

Cases cited: CIC Insurance Limited v Bankstown Football Club Limited [1997] HCA 2; 187 CLR 384 Comptroller General of Customs v Zappia [2018] HCA 54 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; 91 ALJR 936

Date of hearing: 26 November 2018

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Category: Catchwords

Number of paragraphs: 58

Counsel for the Applicant: S Free SC with A Bhasin

Solicitor for the Applicant: McLachlan Thorpe Partners

Counsel for the Respondent: The Respondent filed a submitting notice

Counsel for the Intervener: C Lenehan

Solicitor for the Intervener: Australian Government Solicitor

Table of Corrections

5 December 2018 Paragraphs 8, 15, 18, 21, 32, 34 and 40 have been amended to correct minor typographical errors.

ORDERS NSD 1643 of 2018

BETWEEN: NATURE'S CARE MANUFACTURE PTY LTD ACN 059 975 834 Applicant