Australian Competition and Consumer Commission v Clinica Internationale Pty Ltd (In Liquidation) (No 3) [2016] FCA 284

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Clinica Internationale Pty Ltd (In Liquidation) (No 3) [2016] FCA 284 File number(s): VID 252 of 2015

Judge(s): MORTIMER J

Date of judgment: 23 March 2016

Catchwords: PRACTICE AND PROCEDURE – Application for variation of freezing orders PRACTICE AND PROCEDURE – Interlocutory application by non-party companies regarding power of Court to make proposed final orders – where second respondent sole director of both non-party companies –whether non-party companies had opportunity to be heard – whether non-party companies estopped from making application – whether application an abuse of process – whether s 78B of the Judiciary Act 1903 (Cth) enlivened where constitutional issue raised by way of an abuse of process PRACTICE AND PROCEDURE – Whether joinder required where proprietary interests of non-party could be affected by final orders CONSUMER LAW – scope of power under s 239 of the Australian Consumer Law to make orders affecting non-parties

Legislation: Competition and Consumer Act 2010 (Cth) Sch 2, Australian Consumer Law, ss 227, 239 Constitution s 51(xxxi) Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 7.35 Judiciary Act 1903 (Cth) s 78B