Federal Court of Australia
Federal Court of Australia
QE Family Pty Ltd v Peter Warren Automotive trading as Mercedes Benz Macarthur [2024] FCA 1062 Appeal from: QE Family Pty Ltd v Peter Warren Automotive trading as Mercedes-Benz Macarthur [2024] FedCFamC2G 172
File number: ACD 15 of 2024
Judgment of: YATES J
Date of judgment: 13 September 2024
Catchwords: PRACTICE AND PROCEDURE – appeal from Federal Circuit and Family Court of Australia (Division 2) – notice of objection to competency – application for appeal to be summarily dismissed – whether notice of appeal complies with r 36.01 of the Federal Court Rules 2011 (Cth) PRACTICE AND PROCEDURE – interlocutory application seeking order that the appeal be heard by a Full Court and not a single Judge
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law), s 54 Evidence Act 1995 (Cth) s 135 Federal Court of Australia Act 1976 (Cth) ss 25, 32AB Federal Court of Australia Rules 2011 (Cth) rr 4.01, 8.01, 36.01, 36.72 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) r 9.04
Cases cited: Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCAFC 1833 QE Family Pty Ltd v Peter Warren Automotive trading as Mercedes-Benz Macarthur [2024] FedCFamC2G 172 Sydneywide Distributors Pty Ltd v Red Bull Australia Pty Ltd [2002] FCAFC 157; 55 IPR 364
Division: General Division
Registry: Australian Capital Territory
National Practice Area: Commercial and Corporations
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