Buttigieg v Australian Communications and Media Authority [2023] FCA 959

Federal Court of Australia Buttigieg v Australian Communications and Media Authority [2023] FCA 959 Appeal from: Australian Communications and Media Authority v Jones (No 3) [2023] FCA 511

File number: QUD 242 of 2023

Judgment of: NICHOLAS J

Date of judgment: 14 August 2023

Catchwords: PRACTICE AND PROCEDURE – applicant seeks leave to appeal from interlocutory judgment refusing to strike-out concise statement and order filing of statement of claim in its place – whether leave to appeal should be granted – consideration of proposed grounds of appeal – whether exercise of primary judge in relation to a matter of practice and procedure attended by sufficient doubt to warrant re-consideration by Full Court – no arguable basis for finding primary judge's exercise of discretion miscarried – application for leave to appeal dismissed with costs

Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Interactive Gambling Act 2001 (Cth) s 15(2A)

Cases cited: Adam P Brown Male Fashions Pty Ltd v Phillip Morris Inc (1981) 148 CLR 170 Australian Securities and Investments Commission v Bettles [2020] FCA 1568 Banque Commerciale SA (en liq) v Akhil Holdings Ltd (1990) 169 CLR 279 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (2015) 230 FCR 298 Hogan v Australian Crime Commission (2010) 240 CLR 651 Melbourne City Investments Pty Ltd v Treasury Wine Estates Ltd (2017) 252 FCR 1 Rawson Finances Pty Ltd v Commissioner of Taxation [2016] FCAFC 95 Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238