Australian Wool Innovation Ltd v Newkirk (No 3) [2005] FCA 1308

FEDERAL COURT OF AUSTRALIA Australian Wool Innovation Ltd v Newkirk (No 3) [2005] FCA 1308

PRACTICE AND PROCEDURE – application for leave to serve outside the jurisdiction Federal Court of Australia Act 1976 (Cth) s 32 Federal Court Rules Order 8, sub-rule 2(2)

Trade Practices Act 1974 (Cth) s 45D, 45DB, 52, 75B, 80, 82

Bray v F Hoffman-La Roche Limited (2003) 130 FCR 317 applied Century Insurance Ltd (in provisional liquidation) v New Zealand Guardian Trust (FCA, 16 May 1996 – unreported) applied State of Western Australia v Vetter Trittler Pty Ltd (In Liq) (Receiver and Manager Appointed) (1991) 30 FCR 102 cited AUSTRALIAN WOOL INNOVATION LTD v INGRID NEWKIRK & ORS NSD 1630 OF 2004 HELY J 16 SEPTEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1630 OF 2004

BETWEEN: AUSTRALIAN WOOL INNOVATION LTD AND THE APPLICANTS IDENTIFIED IN ANNEXURE 'A' TO THE FURTHER AMENDED STATEMENT OF CLAIM

APPLICANTS

AND: INGRID NEWKIRK

FIRST RESPONDENT

CEM AKIN

SECOND RESPONDENT

DAN MATTHEWS

THIRD RESPONDENT

PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS INC

FOURTH RESPONDENT

JODIE RUCKLEY

FIFTH RESPONDENT

SALLY DINGLE-WALL

SIXTH RESPONDENT

ANGIE STEPHENSON

SEVENTH RESPONDENT

ANIMAL LIBERATION

(ACN 002 228 328)

EIGHTH RESPONDENT

MATT RICE

NINTH RESPONDENT

JUDGE: HELY J

DATE OF ORDER: 16 SEPTEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: (1) Leave be given pursuant to Order 8, sub-rule 2(2) of the Federal Court Rules ('the Rules') to serve the Further Amended Application and Further Amended Statement of Claim on the second respondent in the state of Virginia in the United States of America. (2) Leave be given pursuant to Order 8, sub-rule 2(2) of the Rules to serve the Further Amended Application and Further Amended Statement of Claim on the third respondent in the state of Virginia in the United States of America. (3) Leave be given pursuant to Order 8, sub-rule 2(2) of the Rules to serve the Further Amended Application and Further Amended Statement of Claim on the fourth respondent in the state of Virginia in the United States of America. (4) Leave be given pursuant to Order 8, sub-rule 2(2) of the Rules to serve the Further Amended Application and Further Amended Statement of Claim on the fifth respondent. (5) Leave be given pursuant to Order 8, sub-rule 2(2) of the Rules to serve the Further Amended Application and Further Amended Statement of Claim on the ninth respondent in the state of Virginia in the United States of America. (6) Compliance with the requirements of Division 3 of Order 8 of the Rules be dispensed with and that service be effected on the fourth respondent by delivery to 501 Front Street, Norfolk, Virginia in the United States of America and on the second, third, fifth and ninth respondents by way of personal service. (7) The costs of, and incidental to, the motion be costs in the cause. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.