Australian Competition & Consumer Commission v 1Cellnet LLC [2004] FCA 1210

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v 1Cellnet LLC [2004] FCA 1210 PROCEDURE – service outside jurisdiction – alleged pyramid selling scheme over the Internet – website – payments to entity in Australia – promotion – whether prima facie case established Trade Practices Act 1974 (Cth) ss 65AAC, 65AAD RV Miller, Miller's Annotated Trade Practices Act 1974, 25th edn, LBC, 2004 Federal Court Rules O 8 r 1, O 8 r 2, O 8 r 13

Dow Jones & Company Inc v Gutnick (2002) 210 CLR 575 cited AUSTRALIAN COMPETITION & CONSUMER COMMISSION v 1CELLNET LLC, UNIFIED INTERACTIVE PTY LTD, BRUCE JAMES PALLISTER and SHAUN MELLET W196 of 2004 RD NICHOLSON J 16 SEPTEMBER 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W196 OF 2004

BETWEEN: AUSTRALIAN COMPETITION & CONSUMER COMMISSION

APPLICANT

AND: 1CELLNET LLC

FIRST RESPONDENT

UNIFIED INTERACTIVE PTY LTD

(ACN 079 956 531)

SECOND RESPONDENT

BRUCE JAMES PALLISTER

THIRD RESPONDENT

SHAUN MELLET

FOURTH RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 16 SEPTEMBER 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The applicant have leave to serve: (a) the application dated 16 August 2004; (b) the statement of claim dated 16 August 2004; (c) the notice of motion dated 1 September 2004; (d) the affidavit of Peter William Cromwell dated 31 August 2004 in support of the motion; and (e) any orders made by the Court on hearing the motion, outside the Commonwealth upon the first respondent at 1220 N. Market Street, Suite 606, Wilmington, Delaware, 19801, United States of America or, if informed otherwise by the first respondent, at a place designated by the first respondent. 2. The first respondent file an appearance 3 weeks after being served with the documents referred to in paragraph 1 above. 3. A directions hearing be held at the next available date after the first respondent has filed an appearance. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.