Australian Competition & Consumer Commission v Dataline.net.au Pty Ltd [2004] FCA 1361

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Dataline.net.au Pty Ltd [2004] FCA 1361 Trade Practices Act 1974 (Cth)

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

15 OCTOBER 2004

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: 15 OCTOBER 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application for leave for the fourth respondent to appear for the first, second and third respondents on the hearing of the action is refused. 2. The fourth respondent has leave to appear for the first, second and third respondents on the applicant's motion to strike out their defence. 3. The first, second and third respondents pay the applicant's costs on the motion. 4. The seventh respondent is at liberty to apply with respect to the issue of her representation. THE COURT FURTHER DIRECTS: 5. On the applicant's motion the fourth respondent file and serve any material on which the fourth respondent and the first, second and third respondents intend to rely by 5 November 2004. 6. The applicant file and serve its submissions in relation to the applicant's motion on or before 4.00 pm on 24 November 2004. 7. The fourth respondent file and serve submissions in relation to the applicant's motion by 4 pm on 29 November 2004. 8. The matter be set down for hearing for two hours on 1 December 2004. 9. The costs for directions be the parties' costs in the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.