Australian Competition & Consumer Commission v Collagen Aesthetics Australia Pty Ltd [2002] FCA 1134

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Collagen Aesthetics Australia Pty Ltd [2002] FCA 1134 PRACTICE AND PROCEDURE - Application that proceedings be referred to mediation - whether mediation should be ordered - where ACCC opposed mediation on basis that parties had attempted but failed to settle the issues in dispute - where parties likely to incur additional costs and delay - where no reasonable basis to expect progress to be made in mediation. PRACTICE AND PROCEDURE - Proceedings - transfer of proceedings - application for transfer of proceedings within Federal Court of Australia registries - relevant test - where proceedings still in preliminary stages - determination of cost and convenience. Trade Practices Act 1974 (Cth) Federal Court of Australia Act 1976 (Cth) Therapeutic Goods Act 1984 (Cth)

Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd [2000] 74 ALJR 604 Cited Hartnell v Sharp Corporation of Australia (1975) 5 ALR 493 Cited National Mutual Holdings Pty Ltd v The Sentry Corporation (1988) 19 FCR 155 Appl AUSTRALIAN COMPETITION & CONSUMER COMMISSION v COLLAGEN AESTHETICS AUSTRALIA PTY LTD S131 OF 2002 COOPER J BRISBANE (HEARD IN ADELAIDE) 13 SEPTEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S131 OF 2002

BETWEEN: AUSTRALIAN COMPETITION & CONSUMER COMMISSION

APPLICANT

AND: COLLAGEN AESTHETICS AUSTRALIA PTY LTD

RESPONDENT

JUDGE: COOPER J

DATE OF ORDER: 13 SEPTEMBER 2002

WHERE MADE: BRISBANE (HEARD IN ADELAIDE)

THE COURT ORDERS THAT: 1. The proceedings be conducted and continued in Canberra in the Australian Capital Territory and that the matter be transferred to the Australian Capital Territory District Registry of the Court and that the District Registrar of the South Australian District Registry of the Court forthwith do all such acts as are necessary to carry the transfer into effect. 2. The costs of each party to the notice of motion filed on 26 July 2002 be each party's costs in the proceedings. 3. Otherwise, the said notice of motion be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.