Australian Communications and Media Authority v Jones (No 3) [2023] FCA 511

Federal Court of Australia

Australian Communications and Media Authority v Jones (No 3) [2023] FCA 511 File number: QUD 129 of 2022

Judgment of: THOMAS J

Date of judgment: 23 May 2023

Catchwords: PRACTICE AND PROCEDURE – application to strike out applicant's concise statement and require the applicant to file a statement of claim – whether claim sufficiently made out in the concise statement – whether respondents have an opportunity to meet the case – purpose of concise statement – whether a concise statement can set out all material facts – application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) Interactive Gambling Act 2001 (Cth)

Cases cited: Allianz Australia Insurance Ltd v Delor Vue Apartments CTS 39788 (2021) 287 FCR 388; [2021] FCAFC 121 Australian Competition and Consumer Commission v Lactalis Australia Pty Ltd [2022] FCA 1087 Australian Competition and Consumer Commission v SmileDirectClub LLC [2022] FCA 1343 Australian Securities and Investments Commission v Austal Ltd [2022] FCA 1231 Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited (2019) ACSR 52; [2019] FCA 1284 Australian Securities and Investments Commission v Bettles [2020] FCA 1568 Australian Securities and Investments Commission v Westpac Securities Administration Ltd (2019) 272 FCR 170; [2019] FCAFC 187 EZY Accounting 123 Pty Ltd v Fair Work Ombudsman (2018) 360 ALR 261; [2018] FCAFC 134 MLC Ltd v Crickitt (No 2) [2017] FCA 937 Nona on behalf of the Badulgal, Mualgal and Kaurareg Peoples (Warral & Ului) v State of Queensland [2020] FCA 1353