Federal Court of Australia
Federal Court of Australia
Australian Competition and Consumer Commission v Meta Platforms, Inc. (formerly Facebook, Inc.) (No 3) [2024] FCA 890 File number: NSD 188 of 2022
Judgment of: YATES J
Date of judgment: 9 August 2024
Catchwords: PRACTICE AND PROCEDURE – Application by the respondents to strike out parts of the applicants' amended statement of claim pursuant to r 16.21 of the Federal Court Rules 2011 (Cth) – where respondents seek to confine the alleged contraventions to specifically identified advertisements – where applicants seek relief under the Australian Consumer Law and Australian Securities and Investments Commission Act 2001 (Cth) – whether pleading of accessorial liability is defective
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 12DA, 12DB, 12DF Competition and Consumer Act 2010 (Cth) Sch 2, ss 18, 29, 34, 251 Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AI, 37M, 37N Trade Practices Act 1974 (Cth) (Repealed) s 85 Federal Court Rules 2011 (Cth) r 16.21
Cases cited: Australian Competition and Consumer Commission v Trading Post Australia Pty Ltd [2011] FCA 1086; 197 FCR 498 Australian Communications and Media Authority v Mobilegate Ltd A Company Incorporated in Hong Kong (No 8) [2010] FCA 1197; 275 ALR 293 Bruce v Williams (1989) 10 MVR 451 Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Limited (No 5) [2021] FCA 1345; 394 ALR 403 Director of Public Prosecutions for Northern Ireland v Maxwell [1978] 3 All ER 1140 EZY Accounting 123 Pty Ltd v Fair Work Ombudsman [2018] FCAFC 134; 360 ALR 261 Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) (No 4) [2021] FCA 1242 Federal Commissioner of Taxation v Ludekens [2013] FCAFC 100; 214 FCR 149 Universal Telecasters (Qld) v Guthrie [1978] FCA 18; 32 FLR 360 85 Degrees Coffee Australia Pty Ltd v Fair Work Inspector Rodwell [2020] FCA 1190; 299 IR 280
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