Federal Court of Australia
Federal Court of Australia
Australian Competition and Consumer Commission v Employsure Pty Ltd (No 3) [2022] FCA 3 File number(s): NSD 2384 of 2018
Judgment of: GRIFFITHS J
Date of judgment: 11 January 2022
Catchwords: PRACTICE AND PROCEDURE – costs of trial and pecuniary penalty hearing – where applicant only partially successful on issues raised at trial – where respondent ordered to pay only 20% of pecuniary penalties sought by applicant – whether indemnity costs are appropriate
Legislation: Competition and Consumer Act 2010 Sch 2 (Australian Consumer Law) ss 18(1), 29(1)(b), 29(1)(h) Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) r 40.01
Cases cited: Anchorage Capital Partners Pty Ltd v ACPA Pty Ltd (No 2) [2018] FCAFC 112 Australian Competition and Consumer Commission v Employsure Pty Ltd [2020] FCA 1409 Australian Competition and Consumer Commission v Employsure Pty Ltd (No 2) [2021] FCA 1488 Australian Competition and Consumer Commission v Employsure Pty Ltd [2021] FCAFC 142; 392 ALR 205
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 23
Date of last submissions: 20 December 2021
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr N Owens SC with Ms D Forrester
Solicitor for the Applicant: Corrs Chambers Westgarth
Counsel for the Respondent: Dr R Higgins SC with Mr C Bannan
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