Australian Competition and Consumer Commissioner v Visy Industries Holdings Pty Limited (No 4) [2008] FCA 1374

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commissioner v Visy Industries Holdings Pty Limited (No 4) [2008] FCA 1374

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v VISY INDUSTRIES HOLDINGS PTY LIMITED, VISY INDUSTRIES AUSTRALIA PTY LIMITED, VISY BOARD PTY LIMITED, RICHARD PRATT, HARRY DEBNEY and ROD CARROLL

VID 1650 of 2005

RYAN J

27 AUGUST 2008

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1650 of 2005

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION Applicant AND: VISY INDUSTRIES HOLDINGS PTY LIMITED First Respondent VISY INDUSTRIES AUSTRALIA PTY LIMITED Second Respondent VISY BOARD PTY LIMITED Third Respondent RICHARD PRATT Fourth Respondent HARRY DEBNEY Fifth Respondent ROD CARROLL

Sixth Respondent JUDGE: RYAN J DATE OF ORDER: 27 AUGUST 2008

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Leave be granted to the Fourth Respondent to use any document obtained coercively in this proceeding, including (without limitation) any: (a) document discovered by the Applicant in this proceeding; (b) document served by the Applicant in this proceeding; (c) document produced by the Applicant in response to a notice to produce served by the Respondents (or any of them) in this proceeding; (d) document furnished by the Applicant to the Respondents (or any of them) pursuant to section 157 of the Trade Practices Act 1974 (Cth); and (e) work product of the First to Fifth Respondents relating to or connected with any document referred to in paragraphs (a) – (d) above; for the purpose of Federal Court of Australia proceeding VID 443 of 2008 on the provisos that: (f) to the extent that any document referred to in paragraphs (a) – (c) above or any parts of them is or are subject to confidentiality orders made on 15 November 2006 in this Proceeding, this order does not relieve the Fourth Respondent of his obligations under those orders except insofar as may be necessary for the Fourth Respondent to consult with his legal advisers in connection with Federal Court of Australia proceeding VID 443 of 2008; (g) to the extent that any document referred to in paragraphs (a) and (b) above is subject to claims by the Applicant for legal professional privilege, this order is made without prejudice to, and does not operate as a waiver of, any legal professional privilege subsisting in that document; (h) to the extent that any document or any copy of any document referred to in paragraphs (a) – (e) above is subject to claims by the Respondents or any of them for legal professional privilege, this order is made without prejudice to, and does not operate as a waiver of, any legal professional privilege subsisting in that document; and (i) to the extent that any document or any copy of any document obtained coercively from a non-party to this proceeding is subject to claims by the non-party for legal professional privilege, this order is made without prejudice to, and does not operate as a waiver of, any legal professional privilege subsisting in that document. 2. Liberty to apply is reserved to any person including a person from whom was obtained any document to which the leave hereby granted applies. 3. Costs of the motion on notice filed on 18 August 2008, including the costs of this hearing, be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.