Australian Competition and Consumer Commission v April International Marketing Services Australia Pty Ltd (No 7) [2010] FCA 902

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v April International Marketing Services Australia Pty Ltd (No 7) [2010] FCA 902 Citation: Australian Competition and Consumer Commission v April International Marketing Services Australia Pty Ltd (No 7) [2010] FCA 902

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v APRIL INTERNATIONAL MARKETING SERVICES AUSTRALIA PTY LTD ACN 106 134 472, APRIL FINE PAPER TRADING PTE LIMITED (SINGAPORE), APRIL MANAGEMENT PTE LTD (SINGAPORE), KELVIN TAN, JAMES LO, DENNIS LIM, GUS CHOO, ASIA PULP & PAPER COMPANY LTD (SINGAPORE), PT INDAH KIAT PULP AND PAPER TBK (INDONESIA), PAUL GEORGE and SUNIL SOOD

File number: NSD 2394 of 2006

Judge: BENNETT J

Date of judgment: 23 August 2010

Date of last submissions: 28 July 2010

Catchwords: PRACTICE AND PROCEDURE – proceedings for pecuniary penalties under the Trade Practices Act - application filed in accordance with O 4 r 1 of the Federal Court Rules – whether accompanying affidavit said not to be in accordance with O 4 r 6 meant that proceedings had not commenced – whether filing of application commences proceedings - whether affidavit showed nature of claim and material facts – limitation period expired after filing of application – whether proceeding only commenced when affidavit or pleading complying with O 4 r 6 was filed - whether subject matter of proceeding should be limited to matters articulated in accompanying affidavit – whether contrary to public policy to permit proceedings to commence just within the statutory limitation period