Australian Competition & Consumer Commission v Dataline.net.au Pty Ltd [2003] FCA 1027

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Dataline.net.au Pty Ltd [2003] FCA 1027 Lenijamar Pty Ltd v AGC (Advances) Limited (1990) 27 FCR 388

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v DATALINE.NET.AU PTY LTD, AUSTRALIS INTERNET PTY LTD, WORLD PUBLISHING SYSTEMS PTY LTD, JOHN LYNDEN RUSSELL, NEALE FRANCIS BANKS, JEFFERSON LITCHFIELD, SARA MARY MOORE

Q277 OF 2001

KIEFEL J

25 SEPTEMBER 2003

BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q277 OF 2001

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: DATALINE.NET.AU PTY LTD (ACN 075 400 529)

FIRST RESPONDENT

AUSTRALIS INTERNET PTY LTD (ACN 090 539 432)

SECOND RESPONDENT

WORLD PUBLISHING SYSTEMS PTY LTD (ACN 075 141 007)

THIRD RESPONDENT

JOHN LYNDEN RUSSELL

FOURTH RESPONDENT

NEALE FRANCIS BANKS

FIFTH RESPONDENT

JEFFERSON LITCHFIELD

SIXTH RESPONDENT

SARA MARY MOORE

SEVENTH RESPONDENT

JUDGE: KIEFEL J

DATE OF ORDER: 25 SEPTEMBER 2003

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The first, second, third, fourth and seventh respondents ('the respondents') provide to the applicant within twenty-eight days: (a) the list referred to in paragraph 2 of the orders made in these proceedings on 9 May 2003; and (b) the documents referred to in paragraph 3 of the orders made in these proceedings on 9 May 2003; failing which the respondents' defence filed and served on 3 May 2002 be struck out. 2. Upon the applicant filing an affidavit in the registry deposing to any failure of the respondents to comply with paragraph 1, the matter be listed for trial on a date not less than three months thereafter and subject to leave of the Court: (a) the trial proceed by way of affidavit evidence only; (b) the applicant's affidavit evidence for the trial be filed on or before a date seven days prior to the commencement of the trial; (c) on or before 4.00 pm on the day before the commencement of the trial the applicant provide to the Court: (i) a succinct summary of the relevant facts; (ii) a chronology of relevant events; (iii) an outline of submissions; (iv) a draft order; (v) a list of authorities and copies of the authorities with the relevant passages highlighted. 3. The respondents to pay the applicant's costs on the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.