Australian Competition & Consumer Commission v McMahon Services Pty Ltd [2004] FCA 353

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v McMahon Services Pty Ltd [2004] FCA 353 PRACTICE AND PROCEDURE - Statement of Claim - Material facts - Particulars - Discovery - Parts of documents masked because irrelevant - Trade Practices Act - Section 157 - Document "prepared by an officer" AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v McMAHON SERVICES PTY LIMITED S 10 of 2003 SELWAY J 30 MARCH 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S10 OF 2003

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: McMAHON SERVICES PTY LIMITED & ORS

RESPONDENTS

JUDGE: SELWAY J

DATE OF ORDER: 30 MARCH 2004

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. Pursuant to Order 15 Rule 11 of the Federal Court Rules the applicant shall, within seven days of today's date produce to the solicitors for the first and second respondents for inspection all of the typed and handwritten notes referred to in par 2.1 of the Notice of Motion (including any parts that have previously been masked).

2. Pursuant to Order 15 Rule 11 of the Federal Court Rules the applicant shall within seven days of today's date produce to the solicitors for the first and second respondents for inspection all of the typed and handwritten notes referred to in par 2.2 of the Notice of Motion (including any parts that have previously been masked).

3. Pursuant to the Trade Practices Act, 1974 (Cth) s 157(2) the applicant shall within seven days of today's date furnish to the solicitors for the first and second respondents copies of the documents referred to in par 3.1 and 3.2 of the Notice of Motion.

4. Leave is given to the applicant to amend its Statement of Claim such amendment to be made within seven days of today's date.