eSafety Commissioner v Rotondo [2023] FCA 1296

Federal Court of Australia

eSafety Commissioner v Rotondo [2023] FCA 1296 File number: QUD 451 of 2023

Judgment of: THOMAS J

Date of judgment: 20 October 2023

Catchwords: ONLINE SAFETY – application brought ex parte seeking an interim injunction for alleged contravention of s 75 of the Online Safety Act 2021 (Cth) – posting of intimate images without consent – prima facie satisfied that the respondent posted the images which were of an intimate nature not by consent – interim injunction granted

Legislation: Online Safety Act 2021 (Cth) Regulatory Powers (Standard Provisions) Act 2014 (Cth)

Cases cited: Beecham Group Limited v Bristol Laboratories Pty. Limited (1968) 118 CLR 618

Division: General Division

Registry: Queensland

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Number of paragraphs: 33

Date of hearing: 20 October 2023

Counsel for the Applicant: Mr M McKechnie

Solicitor for the Applicant: Australian Government Solicitor

ORDERS QUD 451 of 2023

BETWEEN: ESAFETY COMMISSIONER Applicant

AND: ANTHONY ROTONDO AKA ANTONIO ROTONDO Respondent

order made by: THOMAS J DATE OF ORDER: 20 OCTOBER 2023

PENAL NOTICE TO: ANTHONY ROTONDO AKA ANTONIO ROTONDO IF YOU (BEING THE PERSON BOUND BY THIS ORDER): (A) REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR (B) DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU NOT TO DO, YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT. ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED.