Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Productivity Partners Pty Ltd (trading as Captain Cook College) (No 2) [2020] FCA 863 File number: NSD 2059 of 2018
Judge: STEWART J
Date of judgment: 16 June 2020
Catchwords: PRACTICE AND PROCEDURE – application for leave to amend pleadings – whether consistent with overarching purpose in s 37M of the Federal Court of Australia Act 1976 (Cth) – where application made during trial – whether respondents would suffer prejudice – whether sufficient explanation for delay
Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, s 21 Federal Court Rules 2011 (Cth) rr 8.21, 16.53 Federal Court of Australia Act 1976 (Cth) s 37M
Cases cited: ACCC v v Productivity Partners Pty Ltd (trading as Captain Cook College) (No 1) [2020] FCA 845 Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 Australian Securities and Investments Commission v Australia and New Zealand Banking Group Ltd [2019] FCA 1284; 139 ACSR 52 Betfair Pty Ltd v Racing New South Wales [2010] FCAFC 133; 189 FCR 356 Forrest v ASIC [2012] HCA 39; 247 CLR 486 Prysmian Cavi E Sistemi S.R.L. v Australian Competition and Consumer Commission [2018] FCAFC 30
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