Federal Court of Australia
Federal Court of Australia
NPP Australia Limited v Ripple Labs, Inc [2020] FCA 1237 File number: NSD 916 of 2020
Judgment of: BURLEY J
Date of judgment: 21 August 2020
Date of publication of reasons: 25 August 2020
Catchwords: PRACTICE AND PROCEDURE – alleged contraventions of s 120 of the Trade Marks Act 1995 (Cth) and s 18 of the Australian Consumer Law – ex parte applications for service outside Australia pursuant to rr 10.42 and 10.43(2) of the Federal Court Rules 2011 (Cth) (FCR), substituted service pursuant to FCR 10.24 and short service pursuant to FCR 1.39 –applications granted
Legislation: Competition and Consumer Act 2010 (Cth), schedule 2, s 18 Federal Court Rules 2011 (Cth) rr 1.39, 10.24, 10.43, 10.44, 10.45, 10.64, 10.65, 10.66 Judiciary Act 1903 (Cth) s 39B (1A) Trade Marks Act 1995 (Cth) s 120 Convention on the Service Abroad of Judicial and Extrajudicial documents in Civil or Commercial Matters, done at the Hague on 15 November 1965, art 5
Cases cited: Agar v Hyde [2000] HCA 41; 201 CLR 552 Australian Information Commission v Facebook Inc [2020] FCA 531 Humane Society International Inc v Kyodo Senpakuy Kaisha Ltd [2006] FCAFC 116; 154 FCR 425
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 37
Date of hearing: 20 August 2020
Counsel for the Applicant: Ms S. Stewart
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