Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Australian Securities and Investment Commission [2007] FCA 696
CORPORATIONS – consideration of an application for reinstatement – reinstatement sought for the purposes of a pending appeal in a proceeding to which the deregistered entity was a party – consideration of the standing of the ACCC in an application pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) and whether, in the circumstances, reinstatement is just. Corporations Act 2001 (Cth), s 601AH(2); s 601AH(3) Trade Practices Act 1974 (Cth) Australian Competition and Consumer Commission v Australian Securities and Investments Commission (2000) 174 ALR 688 Australian Competition and Consumer Commission v Visy Industries Holdings Pty Ltd (No. 2) [2007] FCA 444 AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION QUD124 OF 2007
GREENWOOD J
8 MAY 2007
BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD124 OF 2007
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
Applicant
AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
Respondent
JUDGE: GREENWOOD J DATE OF ORDER: 8 MAY 2007
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. Pursuant to s 601AH(2) of the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission reinstate the registration of Dataline.Net.Au Pty Ltd ACN 075 400 529 2. Pursuant to s 601AH(3) of the Corporations Act 2001 (Cth), the following acts are validated: (a) service on Dataline.Net.Au Pty Ltd in proceeding QUD458/2006 of the notice of appeal by facsimile on 24 November 2006; and (b) service on Dataline.Net.Au Pty Ltd in proceeding QUD458/2006 of the index of the Appeal Book and list of documents proposed to be included in evidence by facsimile on 19 January 2007. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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