Australian Competition & Consumer Commission v Jones (No 2) [2010] FCA 371

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Jones (No 2) [2010] FCA 371 Citation: Australian Competition & Consumer Commission v Jones (No 2) [2010] FCA 371

Parties: AUSTRALIAN COMPETITION & CONSUMER COMMISSION v DARRYL PETER JONES

File number: QUD 54 of 2010

Judge: LOGAN J

Date of judgment: 14 April 2010

Catchwords: PRACTICE AND PROCEDURE - Application for extension of time to comply with Order of Court after expiry of time for compliance - Where Order is subject to separate application for extension of time for leave to appeal - Where solicitor and respondent have given undertakings - Court has discretion under Federal Court Rules, O 3 r 3 to extend time for compliance even after its expiry - Held, discretion exercised to grant extension of time upon undertakings given

Legislation: Federal Court Rules O 3 r 3, O 62 r 23

Cases: Australian Competition & Consumer Commission v Jones [2010] FCA 205

Date of hearing: 14 April 2010

Place: Brisbane

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 35

Counsel for the Applicant: Mr MT Brady

Solicitor for the Applicant: Australian Government Solicitor

Counsel for the Respondent: Mr B Levet

Solicitor for the Respondent: Kinghan & Associates

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

GENERAL DIVISION QUD 54 of 2010

BETWEEN: AUSTRALIAN COMPETITION & CONSUMER COMMISSION

Applicant

AND: DARRYL PETER JONES

Respondent

JUDGE: LOGAN J

DATE OF ORDER: 14 April 2010

WHERE MADE: BRISBANE

UPON THE UNDERTAKING OF THE RESPONDENT by his counsel to deliver to his solicitor, Ann Christine Kinghan of Kinghan & Associates, within 7 days a list (the client list) of the type described by paragraphs 3 and 4 of the orders made by Logan J on 5 March 2010; AND UPON THE UNDERTAKING OF ANN CHRISTINE KINGHAN, in the event that the respondent supplies the client list to her in accordance with the respondent's undertaking, within 7 working days from the date of the receipt of the client list to send or transmit a copy of Schedule "A" to the interlocutory orders made on 5 March 2010 to each person on the client list at the postal, email or facsimile address disclosed on the client list; THE COURT ORDERS THAT: 1. The time for compliance with order 3 of the interlocutory orders made on 5 March 2010 be extended until seven days after the hearing and determination of the respondent's application for an extension of time within which to seek leave to appeal from those orders, or such later date as may be fixed by the Court. 2. Ann Christine Kinghan file and serve an affidavit by 5 May 2010 deposing as to compliance with the undertakings noted above. 3. The applicant has leave to discontinue the motion and statement of charge filed 31 March 2010. 4. The respondent pay the applicant's costs of and incidental to the respondent's oral application of 14 April 2010 to extend time for compliance with paragraph 3 of the orders of 5 March 2010. 5. As to the costs of the applicant's motion filed 31 March 2010: 5.1 the respondent pay the applicant's costs of and incidental thereto up to and including 30 March 2010; 5.2 otherwise, there be no order as to the costs of that motion. 6. The costs of the directions hearing of 14 April 2010 be reserved. Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.