Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Open4Sale Global Ltd [2024] FCA 718 File number: SAD 187 of 2023
Judgment of: CHARLESWORTH J
Date of judgment: 21 June 2024
Date of publication of reasons: 8 July 2024
Catchwords: PRACTICE AND PROCEDURE – interlocutory injunction – absence of a defendant against whom orders with injunctions are sought – orders made in absence of defendant – defendant previously represented – defendant not filing a notice of address for service after former lawyer ceased to act – application for injunction determined on merits on uncontradicted material – utility in order restraining conduct that would otherwise constitute a contravention of the law
Legislation: Corporations Act 2001 (Cth) ss 206C, 206E, 727, 1324 Federal Court Rules 2011 (Cth) r 39.05
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57
Division: General Division
Registry: South Australia
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 19
Date of hearing: 21 June 2024
Counsel for the Plaintiff: Ms S MacKenzie
Solicitor for the Plaintiff: Australian Securities and Investments Commission
Counsel for the First and Third Defendants: Mr B Connell
Solicitor for the First and Third Defendants: Belperio Connell Lawyers
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