Federal Court of Australia
Federal Court of Australia
Australian Pesticides and Veterinary Medicines Authority v Arnica Pty Ltd (No 2) [2022] FCA 815 File number: WAD 190 of 2021
Judgment of: JACKSON J
Date of judgment: 13 July 2022
Date of publication of reasons: 15 July 2022
Catchwords: PRACTICE AND PROCEDURE - application for adjournment - related criminal proceedings - application of principles for stay - no participation in these proceedings by respondents - no prejudicial effect if hearing not adjourned - application refused HIGH COURT AND FEDERAL COURT - jurisdiction - meaning of 'the Commonwealth' - applicant is agency or instrumentality of the Commonwealth - applicant seeks statutory injunction - jurisdiction established EVIDENCE - hearsay evidence - admission of evidence under s 190 of the Commonwealth Evidence Act STATUTORY INTERPRETATION - evidential certificate under s 149 of the Agricultural and Veterinary Chemicals Code - statutory authorisation for certificate to state certain matters - evidential and legal burden of proof with respect to certain matters - time elapsed since certificate made - effect of statutory provision that certificate prima facie evidence of matters stated ANIMALS - registration of veterinary chemical products under Agricultural and Veterinary Chemicals Code - sale of unregistered veterinary chemical products - claimed therapeutic benefits of homeopathic pet treatments - publication of website - publication of notices offering to sell or inviting offers to buy - no exception applicable - failure to comply with notices for recall of products given by applicant as statutory authority - application for injunctions - respondents engaging in conduct constituting contravention of civil penalty provisions - contraventions likely to continue if injunctions not granted - protection of public - mandatory injunctions - injunctions granted
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