Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition & Consumer Commission v Virgin Mobile Australia
Pty Ltd [2002] FCA 1239
PRACTICE AND PROCEDURE – venue – transfer of proceedings – criteria – national court – flexibility of trial arrangements – availability of electronic communications – choice of venue by ACCC not capricious – respondent with national operation – motion dismissed.
Trade Practices Act 1976 (Cth) ss 52, 53 Federal Court of Australia Act 1976 (Cth) s 48, O 10 r 1(2)(f)
National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 cited BWK Elders (Australia) Pty Ltd v Westgate Wool Company Pty Ltd (No 6) [2002] FCA 807 cited Australian Competition & Consumer Commission v Pauls Ltd [2002] FCA 71 cited Cycles & Wheelmen Pty Ltd v Beltech Corporation Ltd (1988) 80 ALR 279 cited Australian Competition and Consumer Commission v Internic Technology Pty Ltd (1998) ATPR 41-646 cited AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v VIRGIN MOBILE AUSTRALIA PTY LTD (ACN 092 726 442) W134 OF 2002 FRENCH J 9 AUGUST 2002 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W134 OF 2002
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
APPLICANT
AND: VIRGIN MOBILE AUSTRALIA PTY LTD
(ACN 092 726 442)
RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 9 AUGUST 2002
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The motion be dismissed.
2. The Respondent pay the Applicant's costs of the motion.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W134 OF 2002
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
APPLICANT
AND: VIRGIN MOBILE AUSTRALIA PTY LTD
(ACN 092 726 442)
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