Australian Competition and Consumer Commission v Apple Pty Ltd (No 2) [2017] FCA 1329

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Apple Pty Ltd (No 2) [2017] FCA 1329 File number: VID 339 of 2017

Judge: MOSHINSKY J

Date of judgment: 14 November 2017

Catchwords: PRACTICE AND PROCEDURE – leave to amend concise statement – whether proposed amended concise statement pleaded material facts to support alleged contraventions of ss 18 and 29(1)(m) of the Australian Consumer Law

Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, ss 18 and 29

Date of hearing: 25 October 2017

Date of last submissions: 9 November 2017

Registry: Victoria

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Category: Catchwords

Number of paragraphs: 10

Counsel for the Applicant: Ms R Orr QC with Mr L Merrick

Solicitor for the Applicant: Corrs Chambers Westgarth

Counsel for the Respondents: Mr J Slattery

Solicitor for the Respondents: Clayton Utz

ORDERS VID 339 of 2017

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION Applicant

AND: APPLE PTY LTD First Respondent

APPLE INC Second Respondent

JUDGE: MOSHINSKY J DATE OF ORDER: 14 NOVEMBER 2017

THE COURT ORDERS THAT:

1. The applicant have leave to file and serve an amended originating application and a further amended concise statement, in the form provided to the Court by email on 1 November 2017, by 4.00 pm on 15 November 2017. 2. The applicant pay the respondents' costs thrown away by reason of the amendments for which leave has been granted in paragraph 1 of these orders. 3. By 4.00 pm on 29 November 2017, the respondents file and serve any amended concise statement in response. 4. By 4.00 pm on 13 December 2017, the applicant file and serve any reply to the respondents' amended concise statement in response. 5. By 4.00 pm on 9 February 2018, the respondents file and serve: (a) all affidavit material on which they intend to rely at the hearing on liability; and (b) a tender list of documents, not otherwise annexed or exhibited to any affidavit, that they intend to tender at the hearing on liability. 6. The matter be referred to mediation, before a Registrar of this Court, to be concluded by 2 March 2018. 7. By 4.00 pm on 9 March 2018, the applicant file and serve any evidence in reply. 8. There be a further case management hearing at 9.30 am on 16 March 2018. 9. The matter be listed for trial on liability, on a date to be fixed, on an estimate of six days. 10. Save in respect of paragraph 2 of these orders, costs be reserved. 11. There be liberty to apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.