Australian Communications and Media Authority v Clarity1 Pty Ltd [2008] FCA 130

FEDERAL COURT OF AUSTRALIA

Australian Communications and Media Authority v Clarity1 Pty Ltd [2008] FCA 130 PRACTICE AND PROCEDURE – pecuniary penalties of $5.5 million imposed some 15 months ago – Spam Act 2003 (Cth) - no time for compliance specified – purpose and application of slip rule – giving effect to slip rule by fresh order rather than by amendment – fresh orders made to reflect original intention Federal Court Rules O 35 r 7(3) Australian Communications and Media Authority v Clarity1 Pty Ltd (2006) 155 FCR 377 Construction, Forestry, Mining and Energy Union v BHP Steel (AIS) Pty Ltd [2003] FCAFC 62 Elyard Corporation Pty Ltd v DDB Needham Sydney Pty Ltd (1995) 61 FCR 385 Monaco v Arnedo Pty Ltd (1994) 13 WAR 522 R v Cripps; Ex parte Muldoon [1984] QB 686 AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY v CLARITY1 PTY LTD (ABN 60 106 529 604) AND WAYNE ROBERT MANSFIELD WAD 155 OF 2005

MCKERRACHER J

21 FEBRUARY 2008

PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 155 OF 2005

BETWEEN: AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

Applicant

AND: CLARITY1 PTY LTD

(ABN 60 106 529 604)

First Respondent

WAYNE ROBERT MANSFIELD

Second Respondent

JUDGE: MCKERRACHER J DATE OF ORDER: 21 FEBRUARY 2008

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. Subject to the first respondent having liberty to apply within 14 days of service of these orders, the first respondent comply within 28 days from the date of service of this judgment with the orders made herein by Nicholson J on 27 October 2006. 2. The second respondent comply within 28 days from the date of service of this judgment with the orders made herein by Nicholson J on 27 October 2006. 3. The second respondent pay the applicant's costs of and incidental to these proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA