Australian Competition & Consumer Commission v Kimberly-Clark Australia Pty Ltd (No 2) [2021] FCA 102 — BarristerAI

Australian Competition & Consumer Commission v Kimberly-Clark Australia Pty Ltd (No 2)

[2021] FCA 102

Federal Court of Australia15 February 2021

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Judges

Abraham J

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Case Details

Citation[2021] FCA 102

CourtFCA

JurisdictionCommonwealth

Decision Date15 February 2021

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For Australian Law.

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Judgment

Judges

Abraham J

Subsequent Judicial Consideration1›

Cases that have considered Australian Competition & Consumer Commission v Kimberly-Clark Australia Pty Ltd (No 2)

Referred to (1)

Australian Competition and Consumer Commission v Employsure Pty Ltd [2023] FCAFC 5

Judicial Consideration (Chronological)

Australian Competition and Consumer Commission v Employsure Pty Ltd [2023] FCAFC 5Referred to

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence.

Australian Competition & Consumer Commission v Kimberly-Clark Australia Pty Ltd (No 2) at [30]

The Hindmarsh-Petrie test for vicarious sub-tortfeasor liability requires the principal to have had actual or constructive knowledge of the sub-tortfeasor's propensity to act unlawfully in the course of the engagement, and that the engagement created the occasion for the wrongful conduct

The Hindmarsh-Petrie test for vicarious sub-tortfeasor liability requires the principal to have had actual or constructive knowledge of the sub-tortfeasor's propensity to act unlawfully in the course of the engagement, and that the engagement created the occasion for the wrongful conduct.

Australian Competition & Consumer Commission v Kimberly-Clark Australia Pty Ltd (No 2) at [37]

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Case Details

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Judgment

Subsequent Judicial Consideration1›

Built by Barristers,
For Australian Law.