Australian Competition and Consumer Commission v BlueScope Steel Limited (No 2) [2020] FCA 625

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v BlueScope Steel Limited (No 2) [2020] FCA 625 File number(s): VID 932 of 2019

Judge(s): O'BRYAN J

Date of judgment: 12 May 2020

Catchwords: PRACTICE AND PROCEDURE – application to amend originating application to add a new claim for declaratory relief and pecuniary penalty under s 76 of the Competition and Consumer Act 2010 (Cth) – whether claim for pecuniary penalty is time-barred under s 77(2) of the Competition and Consumer Act 2010 (Cth) – application of rr 8.21 and 1.32 to 1.35 of the Federal Court Rules 2011 –whether new claim for relief arises out of the same facts, or substantially the same facts, as those already pleaded to support an existing claim for relief – where conduct the subject of the new claim for relief allegedly occurred partly within and partly outside limitation period – leave granted for applicant to amend originating application – date from which amendment to take effect – no order made as to costs

Legislation: Competition and Consumer Act 2010 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011

Cases cited: Australian Competition and Consumer Commission v Australian Egg Corporation Limited (2016) 337 ALR 573 Australian Competition and Consumer Commission v Flight Centre Ltd (No 2) (2013) ALR 209 Australian Competition and Consumer Commission v SIP Australia Pty Ltd [2002] ATPR 41-877 Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (A Firm) [2015] FCA 1098 McGraw-Hill Financial Inc v Clurname Pty Ltd (2017) 123 ACSR 467; [2017] FCAFC 211 Voxson Pty Ltd v Telstra Corporation (No 7) (2017) 343 ALR 681 Wardley Australia Limited v State of Western Australia (1992) 175 CLR 514