Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Cornerstone Investment Aust Pty Ltd (in liq) (No 6) [2020] FCA 822 File number: NSD 1610 of 2015
Judge: GLEESON J
Date of judgment: 15 June 2020
Catchwords: PRACTICE AND PROCEDURE – application alleging contempt required to be accompanied by affidavits intended to be relied on to prove the charge – where applicant seeks to file further affidavit evidence after respondent has requested particulars of charge – whether Federal Court Rules 2011 (Cth) r 42.12 limits evidence that can be filed in support of a contempt charge – applicant granted leave to file further affidavit evidence
Legislation: Federal Court Rules 2011 rr 42.12, 42.12(b)
Cases cited: Baini v The Queen [2012] HCA 59; (2012) 246 CLR 469 Dietrich v The Queen [1992] HCA 57; (1992) 177 CLR 292 Director of the Fair Work Building Industry Inspectorate v Cartledge [2015] FCA 453; 239 FCR 405 Hurd v Zomojo Pty Ltd [2015] FCAFC 148; 110 ACSR 38 State Pollution Control Commission v Australian Iron & Steel Pty Ltd (1992) 29 NSWLR 487 TKWJ v The Queen [2002] HCA 46; (2002) 212 CLR 124 Zomojo Pty Ltd v Hurd (No 5) [2014] FCA 537
Date of hearing: 26 May 2020
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
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