Australian Competition and Consumer Commission v Unique International College (No 2) [2016] FCA 495

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Unique International College (No 2) [2016] FCA 495 File number: NSD 1277 of 2015

Judge: PERRAM J

Date of judgment: 10 May 2016

Catchwords: PRACTICE AND PROCEDURE – subpoena – application to set aside – whether test of apparent relevance satisfied

Legislation: Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: Dorajay Pty Limited v Aristocrat Leisure Ltd [2005] FCA 588 Grosvenor Hill (Qld) Pty Ltd v Barber (1994) 48 FCR 301 Trade Practices Commission v Arnotts Limited (1989) 88 ALR 90

Date of hearing: Heard on the papers

Date of last submissions: 2 May 2016

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Category: Catchwords

Number of paragraphs: 7

Counsel for the Applicant: Mr D Tynan

Solicitor for the Applicant: Australian Government Solicitor

Counsel for the Respondent: Mr D Pritchard SC and Mr R Davies

Solicitor for the Respondent: Minter Ellison

ORDERS NSD 1277 of 2015

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION Applicant

AND: UNIQUE INTERNATIONAL COLLEGE Respondent

JUDGE: PERRAM J DATE OF ORDER: 4 MAY 2016

THE COURT ORDERS THAT:

1. The subpoena issued to Commonwealth Bank of Australia dated 4 March 2016 be set aside. 2. The applicants pay the respondent's costs of the application to set the subpoena aside. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.