Federal Court of Australia
Federal Court of Australia
Musicki v de Tonnerre [2023] FCA 222 File number: VID 479 of 2022
Judgment of: MORTIMER J
Date of judgment: 16 March 2023
Catchwords: PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23 of the Federal Court Rules 2011 (Cth) – where respondent has failed to file notice of address for service or defence – where respondent is in default of appearance – relief granted
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2, Australian Consumer Law s 18 Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) rr 5.22, 5.23
Cases cited: Carson v John Fairfax & Sons Ltd [1993] HCA 31; 178 CLR 44 Chamberlain Group, Inc v Giant Alarm System Co, Ltd (No 2) [2019] FCA 1606 Madden v Seafolly Pty Ltd [2014] FCAFC 30; 313 ALR 1 Nationwide News Pty Ltd v Rush [2020] FCAFC 115; 380 ALR 432 Nettle v Cruse [2021] FCA 935 Rogers v Nationwide News Pty Ltd [2003] HCA 52; 216 CLR 327
Division: General Division
Registry: Victoria
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 29
Date of hearing: 14 February 2023
Counsel for the Applicant: Ms E Tadros
Solicitor for the Applicant: Matrix Legal
Counsel for the Respondent: The Respondent did not appear
ORDERS VID 479 of 2022
BETWEEN: KORANA MUSICKI Applicant
AND: ERIK DE TONNERRE Respondent
order made by: MORTIMER J DATE OF ORDER: 16 March 2023
THE COURT ORDERS THAT:
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