Australian Competition and Consumer Commission v Valve Corporation [2014] FCA 1018

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Valve Corporation [2014] FCA 1018 Citation: Australian Competition and Consumer Commission v Valve Corporation [2014] FCA 1018

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v VALVE CORPORATION

File number(s): NSD 886 of 2014

Judge(s): JAGOT J

Date of judgment: 16 September 2014

Legislation: Federal Court Rules 2011 (Cth) rules 10.24, 10.43(2), 10.44(1)

Cases cited: Australian Competition and Consumer Commission v Yellow Page Marketing BV [2010] FCA 1218 Mercator Property Consultants Pty Ltd v Christmas Island Resort Pty Ltd (1999) 94 FCR 384; [1999] FCA 1572 Swan Brewery Co Ltd v Atlee [1998] FCA 277 Unilever Australia Ltd v PB Foods Ltd [2000] FCA 798

Date of hearing: 16 September 2014

Place: Sydney

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 12

Counsel for the Applicant: Ms N L Sharp

Solicitor for the Applicant: Thomson Geer

Counsel for the Respondent: The Respondent did not appear

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 886 of 2014

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: VALVE CORPORATION

Respondent

JUDGE: JAGOT J DATE OF ORDER: 16 SEPTEMBER 2014 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to rules 10.43(2) and 10.44(1) of the Federal Court Rules 2011, the applicant is granted leave to serve: (a) the originating application dated 28 August 2014; (b) the statement of claim dated 28 August 2014; (c) the affidavit of Juliana Derevnina Liskov affirmed on 12 September 2014; (d) the affidavit of Rebecca Lynch sworn on 12 September 2014; (e) notice of the orders made by the Court on 16 September 2014; and (f) any additional affidavits filed by the applicant (collectively, "Documents") outside the Commonwealth in accordance with the 15 November 1965 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters by using the private contractor of the US Department of Justice, Process Forwarding International of 633 Yesler Way, Seattle, Washington 98104, United States of America, to personally serve the Documents on the respondent, a company incorporated and registered in the State of Washington in the United States, at its principal places of business at 10900 NE Fourth Street, Suite 500, Bellevue in the State of Washington in the United States. 2. Pursuant to rule 10.24 of the Federal Court Rules 2011, that the Documents will be taken to have been served on the respondent by delivering copies of the Documents to K+L Gates of Level 31, O'Connell Street, Sydney NSW 2000. Service of the Documents (excluding any additional affidavits in accordance with order 1(f)) is to take place on or before 5.00pm on 17 September 2014 and the originating application is to be returnable for directions at 9.30am on 23 September 2014. 3. Costs reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.