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

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

The applicant's case against the third respondent has been adequately and fairly disclosed through a combination of the Concise Statement, Concise Reply, Further Particulars, case management steps, and correspondence. Procedural fairness does not require a Statement of Claim to be filed in these circumstances.

Parties
Applicant: Australian Communications and Media Authority; First Respondent: Rhys Edward Jones; Second Respondent: Diverse Link Pty Ltd ACN 641 292 088; Third Respondent: Brenton Lee Buttigieg; Fourth Respondent: Brisbane Poker Pty Ltd (ACN 636 038 269)
Jurisdiction
Australia
Judgment Date
23 May 2023
Procedural Posture
Practice and Procedure Application / Interlocutory Application to Strike Out Concise Statement and Require Statement of Claim
Outcome
Application dismissed
Legal Topics
Concise Statement, Statement of Claim, Pleadings, Procedural Fairness
Civil Procedure Concise Statement Statement of Claim Pleadings Procedural Fairness

Case Brief

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Parties

Australian Communications and Media Authority

Applicant

Rhys Edward Jones

First Respondent

Diverse Link Pty Ltd ACN 641 292 088

Second Respondent

Brenton Lee Buttigieg

Third Respondent

Brisbane Poker Pty Ltd (ACN 636 038 269)

Fourth Respondent

Procedural Posture

Practice and Procedure Application / Interlocutory Application to Strike Out Concise Statement and Require Statement of Claim

Legal Issues

  1. 1 Whether the applicant's Concise Statement should be struck out and a Statement of Claim ordered in its place
  2. 2 Whether the applicant's case against the third respondent is sufficiently disclosed through the Concise Statement and other documents

Ratio Decidendi

The applicant's case against the third respondent has been adequately and fairly disclosed through a combination of the Concise Statement, Concise Reply, Further Particulars, case management steps, and correspondence. Procedural fairness does not require a Statement of Claim to be filed in these circumstances.

Court Disposition

Application dismissed

Orders

  • The interlocutory application filed on 9 March 2023 be dismissed.