Australian Competition and Consumer Commission v Dynacast (Int) Pty Ltd (formerly Phoneflasher.com Pty Ltd) ACN 061 234 642 (No 2) [2007] FCA 1113

Australian Competition and Consumer Commission v Dynacast (Int) Pty Ltd (formerly Phoneflasher.com Pty Ltd) ACN 061 234 642 (No 2) [2007] FCA 1113

Because the Court had imposed fines on 26 March 2007 but, by oversight, had not specified the time for payment as required by the Federal Court Rules, the omission should be rectified under the slip rule by ordering the First Respondent to pay the fines to the Registrar by 30 August 2007 and by making associated service orders.

Jurisdiction
Australia
Judgment Date
01 August 2007
Procedural Posture
Contempt Proceedings; Slip Rule Correction of Orders / Reasons for Judgment and Orders Specifying the Time for Payment of Fines Imposed on 26 March 2007
Outcome
Omission rectified and payment and service orders made.
Legal Topics
['slip Rule' 'correction of Orders' 'payment of Fines' 'service of Orders']
['civil Procedure' 'contempt of Court'] ['slip Rule' 'correction of Orders' 'payment of Fines' 'service of Orders']

Case Brief

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Procedural Posture

Contempt Proceedings; Slip Rule Correction of Orders / Reasons for Judgment and Orders Specifying the Time for Payment of Fines Imposed on 26 March 2007

Legal Issues

  1. 1 ['Whether the Court should rectify the omission in the 26 March 2007 orders by specifying the time within which the First Respondent was required to pay the fines.' 'What orders should be made for service of the rectifying order on the First Respondent.']

Ratio Decidendi

Because the Court had imposed fines on 26 March 2007 but, by oversight, had not specified the time for payment as required by the Federal Court Rules, the omission should be rectified under the slip rule by ordering the First Respondent to pay the fines to the Registrar by 30 August 2007 and by making associated service orders.

Court Disposition

Omission rectified and payment and service orders made.

Orders

  • ['In respect of the fines imposed on the First Respondent by order dated 26 March 2007, the First Respondent pay the fine of $5,000 to the Registrar of the Federal Court of Australia on or before 30 August 2007.' 'In respect of the fines imposed on the First Respondent by order dated 26 March 2007, the First...