Joseph v La Trobe University [2004] FCA 746

FEDERAL COURT OF AUSTRALIA

Joseph v La Trobe University [2004] FCA 746 TRADE PRACTICES – university fees – application for damages and declarations pursuant to ss 82 and 87 of the Trade Practices Act 1974 (Cth) ("the Act") – student required to pay General Service Fee upon enrolment in University course – whether payment made for provision of non‑academic services – whether such a payment constitutes exclusive dealing and coercion pursuant to ss 47 and 60 of the Act – whether the University had reasonable cause to believe that it had a right to payment within the meaning of s 64(2A) of the Act. PRACTICE AND PROCEDURE – application pursuant to O 20 r 2(1)(a) for dismissal of the proceeding on the basis that the applicant has failed to disclose a reasonable cause of action.

Trade Practices Act 1974 (Cth): ss 47(6), 47(7), 60, 64(2A) Federal Court Rules: O 20 r 2(1)(a) General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125 – followed Spotwire Pty Ltd v Visa International Services Association Inc (2003) ATPR 41‑949 - followed Australian Competition and Consumer Commission v Maritime Union of Australia (2001) FCR 472 – considered DAVID JOSEPH v LA TROBE UNIVERSITY V 557 of 2003 GOLDBERG J 15 JUNE 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 557 of 2003

BETWEEN: DAVID JOSEPH

Applicant

AND: LA TROBE UNIVERSITY

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 15 JUNE 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Pursuant to Order 20 rule 2(1)(a) of the Federal Court Rules the application filed on 16 July 2003 be dismissed. 2. The applicant pay the respondent's costs of and incidental to the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules