Federal Court of Australia
Federal Court of Australia
Commonwealth Director of Public Prosecutions v The Country Care Group Pty Ltd (Ruling No 7) [2021] FCA 265 File number: VID 224 of 2019
Ruling of: BROMWICH J
Date of ruling: 23 March 2021
Catchwords: EVIDENCE – objection to proposed amendment to the third further amended notice of the prosecution case so that reliance is placed on an entity for the purpose of the effect condition in Competition and Consumer Act 2010 (Cth) s 44ZZRD(2) but no longer placed on that entity for the purpose of the competition condition in s 44ZZRD(4) – held: objection rejected, ss 44ZZRD(2) and (4) do not require exact identity of parties, only that there be an overlap.
Legislation: Competition and Consumer Act 2010 (Cth) s 44ZZRD(2), s 44ZZRD(4) Federal Court of Australia Act 1976 (Cth) s 23CD(1)(a), s 23CD(1)(d), s 23CE(a), s 23CH
Cases cited: Australian Competition and Consumer Commission v Olex Australia Pty Ltd [2017] FCA 222; ATPR 42-540 Country Care Group Pty Ltd v Commonwealth Director of Public Prosecutions [2020] FCAFC 30; 275 FCR 342 News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410 South Sydney District Rugby League Football Club Ltd v News Ltd [2000] FCA 1541; 177 ALR 611
Division: General Division
Registry: Victoria
National Practice Area: Federal Crime and Related Proceedings
Number of paragraphs: 36
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