Australian Competition and Consumer Commission v Trading Post Australia Pty Limited [2007] FCA 1419

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Trading Post Australia Pty Limited [2007] FCA 1419

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v TRADING POST AUSTRALIA PTY LIMITED , GOOGLE INC, GOOGLE IRELAND LIMITED AND GOOGLE AUSTRALIA PTY LIMITED NSD 1323 OF 2007

ALLSOP J

10 SEPTEMBER 2007

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1323 OF 2007

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: TRADING POST AUSTRALIA PTY LIMITED

First Respondent

GOOGLE INC

Second Respondent

GOOGLE IRELAND LIMITED

Third Respondent

GOOGLE AUSTRALIA PTY LIMITED

Fourth Respondent

JUDGE: ALLSOP J DATE OF ORDER: 10 SEPTEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The proceeding and the notices of motion for leave to serve outside the jurisdiction and to strike out the statement of claim be adjourned to 9:30 am on 4 October 2007 for directions. 2. On or before 24 September 2007, the applicant file and serve a document, each entitled "summary outline of case against the [relevant] respondent". 3. Each such summary outline be no longer than 2 pages, double spaced, and be settled by counsel. (The aim of the document in each case be to convey succinctly (though as comprehensively as possible) the asserted complaints against the relevant respondent.) 4. In drafting the summaries, the use of definitions should as far as possible be avoided. 5. On 4 October 2007 the parties be in a position not only to discuss the need for, or fate of, the motions, but also the issues in the case in the light of the content of the said summary outline. 6. Costs be reserved. 7. The material on the Court file as at 10 September 2007 be available for inspection by the public (including photocopying, pursuant to any arrangement with the Registry). 8. Exhibit A on the motion, tendered by the fourth respondent, be available for inspection by the public (including photocopying, pursuant to any arrangement with the Registry). THE COURT DIRECTS: 9. That the District Registrar create a parallel file for access by the public, such file to contain only material on the main court file to which access has been granted and all orders and judgments of the Court, other than those (if any) in respect of which an order limiting publication or access has been made. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.