Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brisbane Broncos Leagues Club v Alleasing Finance Australia Pty Ltd [2011] FCA 106 Citation: Brisbane Broncos Leagues Club v Alleasing Finance Australia Pty Ltd [2011] FCA 106
Parties: BRISBANE BRONCOS LEAGUES CLUB (ACN 010 798 679) v ALLEASING FINANCE AUSTRALIA PTY LTD (FORMERLY RENTWORKS LIMITED) (ACN 003 421 136) and TOTAL CONCEPT PROJECTS (AUSTRALIA) PTY LIMITED (ACN 073 474 772) (IN LIQUIDATION)
File number(s): NSD 1177 of 2011
Judge: JACOBSON J
Date of judgment: 16 February 2011
Catchwords: PRACTICE AND PROCEDURE – Representative proceeding – Whether proceeding properly commenced under s 33C of the Federal Court of Australia Act 1976 (Cth) – Whether proceedings raise a substantial common issue of law or fact – Amendment to definition of Group Membership – Date from which amendment takes effect – Whether representative proceeding will provide an efficient and effective means of dealing with the claims TRADE PRACTICES – Exclusive dealing – obligation to acquire goods or services must have elements of compulsion and futurity – Trade Practices Act 1974 (Cth) s 47(6)
Legislation: Federal Court of Australia Act 1976 (Cth) ss 33C, 33N, 33K Federal Court Rules; Order 13 r 2, r 3, r 3A Trade Practices Act 1974 (Cth) s 47
Cases cited: Australian Competition and Consumer Commission v Bill Express (in liq) (2009) 180 FCR 105 referred to Batten v Container Terminal Management Services Ltd [2001] FCA 1493 followed Bright v Femcare Limited (2002) 195 ALR 574 applied Multiplex Funds Management Limited v P Dawson Nominees Pty Ltd (2007) 164 FCR 275 referred to Re Ku-ring-gai Co-operative Building Society (No 12) Limited (1978) 36 FLR 134 discussed Stationers Supply Pty Ltd v Victorian Authorised Newsagents Association Ltd (1993) 44 FCR 35 cited Street and 7 Others v Luna Park Sydney Pty Limited [2006] NSWSC 230 followed SWB Family Credit Union Limited v Parramatta Tourist Services Pty Limited (1980) 48 FLR 445 discussed Wong v Silkfield Pty Limited (1999) 199 CLR 255 applied
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