Australian Competition and Consumer Commission v Meta Platforms, Inc. (formerly Facebook, Inc.) (No 2) [2023] FCA 1234

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Meta Platforms, Inc. (formerly Facebook, Inc.) (No 2) [2023] FCA 1234 File number: NSD 188 of 2022

Judgment of: CHEESEMAN J

Date of judgment: 23 October 2023

Catchwords: PRACTICE AND PROCEDURE – application for stay of proceedings – where criminal proceedings commenced in Magistrates Court of Western Australia in relation to overlapping factual matrix – where related criminal proceedings is a private prosecution – where the accused in the criminal proceeding is a corporation – where the applicants are regulators and there is a public interest in the civil proceeding – where the pleadings in the civil proceedings have not closed – where there was overlap in witnesses between the civil and criminal proceedings – whether the interests of justice require an immediate stay of the civil proceeding - Held: application dismissed.

Legislation: Australian Crime Commission Act 2000 (Cth) Australian Securities and Investments Commission Act 2001 (Cth) ss 12DA(1), 12DB(1)(b), (c), (d), (e), 12DF(1) Competition and Consumer Act 2010 (Cth) s 155(7), (12) Sch 2 ss 18, 29(1)(d), (e), (f), (g), 34 Criminal Code 1995 (Cth) Evidence Act 1995 (Cth) s 128 Federal Court of Australia Act 1976 (Cth) ss 23, 37AF, 37AJ, 37 M Federal Court Rules 2011 (Cth) rr 2.32(1)(b), (3)(b)

Cases cited: 5 Boroughs NY Pty Ltd v State of Victoria (No.3) [2023] VSC 22 Australian Competition and Consumer Commission v Meta Platforms, Inc. (formerly Facebook, Inc.) [2022] FCA 1062 Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited [2019] FCA 964; 138 ACSR 42 Brisbane South Regional Health Authority v Taylor [1996] HCA 25; 186 CLR 541 Commissioner of the Australian Federal Police v Zhao [2015] HCA 4; 255 CLR 46 Construction, Forestry, Mining and Energy Union v Australian Competition and Consumer Commission [2016] FCAFC 97; 242 FCR 153 Impiombato v BHP Group Limited [2020] FCA 350; 143 ACSR 301 Lee v NSW Crime Commission [2013] HCA 39; 251 CLR 196 Lee v The Queen [2014] HCA 20; 253 CLR 455 McMahon v Gould (1982) 7 ACLR 202 Ortensio Lucciano (a pseudonym) v R [2021] VSCA 12; 287 A Crim R 529 Ransley v Commissioner of Taxation [2016] FCA 778 State of Victoria v 5 Boroughs NY Pty Ltd [2023] VSCA 101 Strickland v Director of Public Prosecutions (Commonwealth) [2018 HCA 53; 266 CLR 325 X7 v Australian Crime Commission [2013] HCA 29; 248 CLR 92