Amodin Pty Ltd & Anor v The Australia Society of Accountants [1987] FCA 360

NOT FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V. No. G 357 of 15986

GENERAL DIVISION

BETWEEN : AMODIN PTY. LTD. and INFORMATION MARKETING SERVICES PTY. LTD. Applicants and THE AUSTRALIAN SOCIETY OF ACCOUNTANTS Respondent

COURT: NORTHROP J. DATE: 11 MAY 1987

PLACE: MELBOURNE

EX TEMPORE REASONS FOR JUDGMENT

In this matter the applicants are moving the Court for an order that the respondent provide further and hetter particulars of paragraphs 6 and 7 of its defence. In summary

form the claim 1s brought by the applicants against the

respondent pursuant to s.46 of the Trade Practice

relation to a market which is defined in paragraey 3 of \n

statement of claim. ix} ' =D \ ! sAL COURT ff -] aa FEE ISTAALIA om Paragraph 6 of the statement of claim Bliegesrn that ,2

REGISTPY fa

the respondent publishes and has published a monthly "journal © aay

called "The Australian Accountant" which contains or includes

information and advertisements of professional relevance and

assistance to accountants which it sells and distributes to

1ts members and others and has monthly sales of approximately

to that paragraph, the

it

69,000 copies. In its defenc respondent admits that 1t publishes and distributes and has at all material times published and distributed a monthly journal called "The Australian Accountant" which includes information and advertisements of professional relevance and assistance to accountants and save as aforesaid it does not

admit any of the allegations in paragraph 6.

Paragraph 7 of the statement of claim in substance alleges that the respondent has prior to and since 1 June 1986 conducted and has continued to conduct for reward professional seminars, courses and conferences on topics of accountancy and finance relevant and of assistance to practitioners in the accounting, legal and medical professions and has published and continues to publish for reward, books, manuals and technical assistance guides on topics of accountancy and finance relevant and of assistance to practitioners in the accounting, legal and medical professions. In its defence to that paragraph the respondent admits it has from time to time conducted seminars, courses and conferences on topics of accountancy and finance relevant and of assistance to accountants and published manuals and technical assistance guides on topics of accountancy and finance relevant and of assistance to accountants and save as aforesaid does not admit any of the allegations contained in