Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
In the Matter of Study Overseas Now Pty Ltd (Deregistered) Australian Competition &Consumer Commission v Australian Securities & Investments Commission [2007] FCA 1009
CORPORATIONS – deregistration – application for reinstatement of deregistered company by the Australian Competition and Consumer Commission – purpose of joining company as respondent to penalty proceedings in relation to price fixing and related contraventions of Trade Practices Act 1974 (Cth) – proposed order for reinstatement by consent – whether order within power and appropriate – whether ACCC "person aggrieved" – whether proposed reinstatement just – order for reinstatement made Corporations Act 2001 (Cth) s 601AH(2), s 601AA Trade Practices Act 1974 (Cth) s 45 Competition Policy Reform (Western Australia) Act 1996 Federal Court of Australia Act 1976 (Cth) s 21 Australian Competition and Consumer Commission v Australian Securities and Investments Commission (2000) 174 ALR 688 cited Newham v Australian Securities and Investments Commission (2000) 35 ACSR 147 cited Gausten v Outokumpu Australia Pty Ltd (unreported, Supreme Court of Western Australia, Master Sanderson, 20/11/1998) AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION WAD 89 OF 2007
FRENCH J
4 JULY 2007
PERTH IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 89 OF 2007
IN THE MATTER OF STUDY OVERSEAS NOW PTY LTD (deregistered) ACN 106 865 310 BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
Plaintiff
AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
Defendant
JUDGE: FRENCH J DATE OF ORDER: 4 JULY 2007
WHERE MADE: PERTH
BY CONSENT 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 Study Overseas Now Pty Ltd. 2. The plaintiff lodge an office copy of the order for reinstatement with the Australian Securities and Investments Commission within 28 days of the date of the order. 3. Within 21 days of a request being made by the Australian Securities and Investments Commission to the plaintiff, the plaintiff cause any outstanding documents to be lodged or outstanding fees to be paid to the Australian Securities and Investments Commission. 4. There be no order as to the costs of the application for reinstatement. 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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