Federal Court of Australia
Federal Court of Australia
Secretary, Department of Health v Evolution Supplements Australia Pty Ltd [2021] FCA 74 File number: NSD 254 of 2020
Judgment of: BURLEY J
Date of judgment: 8 February 2021
Catchwords: PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23 of the Federal Court Rules 2011 (Cth) – where respondents no longer represented by solicitors and counsel – relevant principles to apply – alleged contravention of civil penalty provisions of the Therapeutic Goods Act 1989 (Cth) – contraventions established – application for relief in the form of declarations and injunctions – relief granted
Legislation: Federal Court of Australia Act 1976 (Cth) s 21 Federal Court Rules 2011 (Cth) r 1.32, r 5.22, r 5.23, r 30.01(1) Therapeutic Goods Act 1989 (Cth) s 3(1), s 42DLB, s 42DV, s 42DX, s 54B Therapeutic Goods Regulations 1990 (Cth)
Cases cited: Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd [2006] FCA 1427; 236 ALR 665 Australian Competition and Consumer Commission v Ford Motor Company of Australia Limited [2018] FCA 703; 360 ALR 124 Bank of Kuwait and the Middle East v Ship MV "Mawashi Al Gasseem" (No 2) [2007] FCA 815; 240 ALR 120 Speedo Holdings B.V. v Evans (No 2) [2011] FCA 1227 Yeo v Damos Earthmoving Pty Ltd, in the matter of Beachwood Developments Pty Ltd (in liq) [2011] FCA 1129
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
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