Australian Competition & Consumer Commission v Black on White Pty Ltd t/as Australian Early Childhood College [1998] FCA 1569

FEDERAL COURT OF AUSTRALIA

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 110 of 1997

BETWEEN: AUSTRALIAN COmPETITION AND CONSUMER COMMISSION

Applicant

AND: BLACK ON WHITE PTY LTD trading as AUSTRALIAN EARLY CHILDHOOD COLLEGE

Respondent

JUDGE(S): SPENDER J

DATE OF ORDER: 26/10/98

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The motion be refused; 2. The costs of the motion be the CommissionÕs costs in the principal proceedings against the fourth respondent.

THE COURT DIRECTS THAT: 1. The applicant file and serve all affidavit material or which it wishes to rely against Respondents 2, 3 and 4 by 4.00 pm on 15 January 1999; 2. The fourth respondent file and serve all statements of witnesses by Friday 25 January 1999. 3. All statements in reply to be filed and served by the applicant by 19 February 1999. 4. The costs of directions to be costs in the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 110 of 1997

BETWEEN: AUSTRALIAN COmPETITION AND CONSUMER COMMISSION

Applicant

AND: BLACK ON WHITE PTY LTD trading as AUSTRALIAN EARLY CHILDHOOD COLLEGE

Respondent

JUDGE(S): SPENDER J

DATE: 26/10/98

PLACE: BRISBANE

REASONS FOR JUDGMENT Nicholas James Poteri, the fourth respondent in proceedings QG 110 of 1997, by notice of motion filed 14 August 1998, has applied to the Court for orders that certain questions be determined separately from the trial of the principal proceeding. Order 29 r 2(a) of the Federal Court Rules confers power on the Court to make orders for:

Òthe decision of any question separately from any other question, whether before, at or after any trial or further trial in the proceedings;Ó Order 29 r 1 of the Rules defines "question" as including: