ACCC v Lux Pty Ltd [2001] FCA 600

FEDERAL COURT OF AUSTRALIA

ACCC v Lux Pty Ltd [2001] FCA 600

PRACTICE AND PROCEDURE – mediation – party seeking revocation of order for mediation – whether a continuance of mediation order appropriate – applicant stating preconditions to mediation – purposes of mediation Trade Practices Act 1974 (Cth) ss 51AB, 60, 80, 80A, 84(2) and 87 Federal Court of Australia Act 1976 (Cth) s 21 The Macquarie Dictionary 2nd ed. at p 1105 Truth About Motorways v Macquarie Infrastructure Investment Management Limited (2000) ATPR 41-757, referred to Kilthistle No 6 Pty Ltd & Others (Receiver and Manager appointed) v Austwide Homes Pty Ltd & Ors (Lehane J, 10 December 1997, unreported), referred to AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v LUX PTY LTD and DENNIS PODGER W 124 of 2000 RD NICHOLSON J 24 MAY 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W124 of 2000

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: LUX PTY LTD

FIRST RESPONDENT

DENNIS PODGER

SECOND RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 24 MAY 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The applicant's motion dated 2 May 2001 be refused. 2. The date set for the mediation in accordance with Order 12A made on 7 December 2001 be vacated. 3. Order 12 made on 7 December 2000 is amended by deleting "26 February 2001" and substituting "25 June 2001". 4. Following compliance by the respondents with Order 12 made on 7 December 2000 or the expiration of the period allowed in that order as amended by Order 3 above, the matter be again set down for mediation on a date and time to be advised. 5. Costs on the applicant's motion be in the cause. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.