Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Glenorchy District Football Club Inc v Football Tasmania Inc [2001] FCA 895
TRADE PRACTICES – application to strike out claims under Trade Practices Act 1974 (Cth) – alleged statements of respondent that it was not obliged to fund football competition for next year's season – applicant alleged to have suffered loss – no pleading of reliance – implicit in pleading that applicant regarded statement as wrongful Trade Practices Act 1976 (Cth) s 52 Federal Court Rules O 11 r 16 GLENORCHY DISTRICT FOOTBALL CLUB INCORPORATED V FOOTBALL TASMANIA INCORPORATED T 17 OF 2001 HEEREY J 13 JULY 2001 MELBOURNE ( HEARD IN HOBART)
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY T 17 OF 2001
BETWEEN: GLENORCHY DISTRICT FOOTBALL CLUB INCORPORATED
APPLICANT
AND: FOOTBALL TASMANIA INCORPORATED
RESPONDENT
JUDGE: HEEREY J
DATE OF ORDER: 13 JULY 2001
WHERE MADE: MELBOURNE (HEARD IN HOBART)
THE COURT ORDERS THAT: 1. The statement of claim is struck out. 2. The applicant have leave to replead within fourteen days. 3. The respondent file and serve a defence within fourteen days thereafter. 4. The applicant pay the respondent's costs of the notice of motion dated 30 May 2001. 5. The directions hearing is adjourned to a date to be fixed by the District Registrar.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY T 17 OF 2001
BETWEEN: GLENORCHY DISTRICT FOOTBALL CLUB INCORPORATED
APPLICANT
AND: FOOTBALL TASMANIA INCORPORATED
RESPONDENT
JUDGE: HEEREY J
DATE: 13 JULY 2001
PLACE: MELBOURNE (HEARD IN HOBART)
REASONS FOR JUDGMENT 1 Up until thirteen or so years ago Australian Rules football in Tasmania was organised on a regional basis. There were leagues or associations in the South and the North, and on the North West Coast and the West Coast. Representative teams from those bodies played in intra-state matches. 2 This system was then replaced by the Statewide League which, as its name suggests, was a unified competition between clubs based in different parts of the State. The organisation of the Statewide League was conducted by Tasmanian State Football League Limited (TSFL) which in turn was subject to the management, control and funding of the respondent Football Tasmania Incorporated. 3 One of the clubs competing in the Statewide League was the applicant Glenorchy District Football Club Incorporated (Glenorchy). 4 After the 2000 season the Statewide League came to an end. Glenorchy joined a new regional competition in Southern Tasmania called the Southern Tasmanian Football League. 5 In the present proceeding, filed on 17 May 2001, Glenorchy complains about certain conduct of the respondent in connection with the termination of the Statewide League. The respondent seeks to strike out part of Glenorchy's statement of claim pursuant to O 11 r 16 of the Federal Court Rules.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate