Federal Court of Australia
Federal Court of Australia
Dermapenworld Pty Ltd v Dermapen IP Holdings LLC [2022] FCA 1094 File number: NSD 731 of 2022
Judgment of: YATES J
Date of judgment: 14 September 2022
Catchwords: PRACTICE AND PROCEDURE – application for confirmation of service outside Australia of originating application and other documents – whether criteria in rules 10.43 and 10.44 of the Federal Court Rules 2011 (Cth) satisfied–application granted
Legislation: Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)) s 18, Ch 2 Pt 2-1 Competition and Consumer Act 2010 (Cth) ss 5(1), 6(3), 131(1) Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (concluded on 15 November 1965) Art 31 Federal Court Rules 2011 (Cth) rr10.42, 10.43(4)(a) – (c), 10.43(6), 10.43(7)(a),10.43(7)(b)(ii) – (iii),10.43(7)(c), 10.44(3), 10.44(4)(a)(ii) – (iii), 10.44(4)(b)
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 30
Date of last submissions: 14 September 2022
Date of hearing: 9 and 12 September 2022
Counsel for the Applicant on 9 September 2022: Mr D L Williams SC with Mr I Latham Counsel for the Applicant on 12 September 2022: Mr I Latham
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