Commonwealth of Australia v Harrison [2019] FCA 937

FEDERAL COURT OF AUSTRALIA

Commonwealth of Australia v Harrison [2019] FCA 937 File number: NSD 2074 of 2018

Judge: PERRY J

Date of judgment: 19 June 2019

Catchwords: EDUCATION – multiple alleged contraventions of the National Vocational Education and Training Regulator Act 2011 (Cth) – where, among other things, the respondent offered to provide Vocational Education and Training (VET) courses or parts of VET courses, and purported to issue VET statements of attainment and VET qualifications, when the respondent was not a registered training organisation and the VET statements of attainment and VET qualifications were not genuine – application for default judgment under rule 5.23, Federal Court Rules 2011 (Cth) – where the respondent was in default and had every opportunity to participate in the proceeding – application granted – declarations made

Legislation: National Vocational Education and Training Regulator Act 2011 (Cth) ss 117, 125, 127, 129, 131 Federal Court Rules 2011 (Cth) r 5.23(2)

Cases cited: Australian Competition and Consumer Commission v Adata (Vic) Pty Ltd (No 3) [2015] FCA 583 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (in liq) [2007] FCAFC 146; (2007) 161 FCR 513 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd [2006] FCA 1427; (2006) 236 ALR 665 Director of Consumer Affairs v Nightingale Electrics Pty Ltd [2016] FCA 279 Hipages Group Pty Ltd v Reach Aussie Pty Ltd [2017] FCA 112 Lenijamar Pty Ltd v AGC (Advances) Limited (1990) 27 FCR 388 Professional Administration Service Centres Pty Ltd v Commissioner of Taxation [2012] FCAFC 180; (2012) 295 ALR 52 Speedo Holdings BV v Evans (No 2) [2011] FCA 1227 Titan Support Systems Inc v Nguyen [2014] FCA 884 Yeo v Damos Earthmoving Pty Ltd [2011] FCA 1129