Australian Competition and Consumer Commission v Australian Communications Network Pty Ltd [2005] FCA 276

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Australian Communications Network Pty Ltd [2005] FCA 276 TRADE PRACTICES ACT – pyramid selling scheme – definition – extent to which commercial considerations are relevant – matters to which court may have regard – predominant purpose – objective test Trade Practices Act 1974 (Cth) ACCC v Worldplay (2004) 210 ALR 562 TPC v Mobil Oil Australia Ltd (1984) 3 FCR 168 Yorke v Lucas (1983) 49 ALR 672 ACCC v World Netsafe Pty Ltd [2000] FCA 1827 ACCC v Destiny Telecom International Inc (1997) ATPR 41-588 Campomar Sociedad Limitada v Nike International Limited (2000) 202 CLR 45 AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v AUSTRALIAN COMMUNICATIONS NETWORK PTY LTD and MARTIN PAECH and ROBERT STEVANOVSKI and GIBBSCHADE PTY LTD and JONATHAN GIBBS and CHRISTINE SCHADE and KEITH JANKE SAD 231 OF 2004 SELWAY J 23 MARCH 2005 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 231 OF 2004

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: AUSTRALIAN COMMUNICATIONS NETWORK PTY LTD

FIRST RESPONDENT

MARTIN PAECH

SECOND RESPONDENT

ROBERT STEVANOVSKI

THIRD RESPONDENT

GIBBSCHADE PTY LTD

FOURTH RESPONDENT

JONATHAN GIBBS

FIFTH RESPONDENT

CHRISTINE SCHADE

SIXTH RESPONDENT

KEITH JANKE

SEVENTH RESPONDENT

JUDGE: SELWAY J

DATE OF ORDER: 23 MARCH 2005

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. Hearing be adjourned to a date to be advised for further submissions as to what orders should be made. 2. Costs reserved.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.