Rural Press Ltd v Australian Competition & Consumer Commission [2002] FCAFC 310

FEDERAL COURT OF AUSTRALIA

Rural Press Ltd v Australian Competition & Consumer Commission [2002] FCAFC 310

COSTS – appellants and respondent each succeeding on aspects of appeal and cross-appeal – pecuniary penalties imposed by primary Judge upheld – appropriate costs order on appeal and cross-appeal. JUDGMENTS AND ORDERS – whether orders made by primary Judge should be amended on appeal in favour of a respondent who has not filed a notice of appeal. Trade Practices Act 1974 (Cth), ss 4D, 45, 46(1) Federal Court of Australia Act 1976 (Cth), s 28 Federal Court Rules, O 35 r 7 Rural Press Ltd v Australian Competition and Consumer Commission [2002] FCAFC 213, cited. Australian Competition and Consumer Commission v Rural Press Ltd (2001) 23 ATPR ¶41-804, cited. Australian Competition and Consumer Commission v Rural Press Ltd (2001) 23 ATPR ¶41-833, cited. Allesch v Maunz (2000) 203 CLR 172, cited. Western Australia v Ward (2002) 191 ALR 1, cited. RURAL PRESS LTD & ORS v AUSTRALIAN COMPETITION AND CONSUMER COMMISSION & ORS S 141 of 2001 WHITLAM, SACKVILLE & GYLES JJ 18 OCTOBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 141 of 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: RURAL PRESS LIMITED

FIRST APPELLANT

BRIDGE PRINTING OFFICE PTY LIMITED

SECOND APPELLANT

IAN LAW

THIRD APPELLANT

TREVOR McAULIFFE

FOURTH APPELLANT

AND: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

FIRST RESPONDENT

WAIKERIE PRINTING HOUSE PTY LIMITED

SECOND RESPONDENT

PAUL TAYLOR

THIRD RESPONDENT

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER

COMMISSION