Australian Communications and Media Authority v Clarity1 Pty Ltd (ABN 60 106 529 604) [2009] FCA 1423

Australian Communications and Media Authority v Clarity1 Pty Ltd (ABN 60 106 529 604) [2009] FCA 1423

The legislative effect of item 6(1) of Schedule 4 to the Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005 (Cth) requires that ACMA be substituted for the ACA as the applicant with effect from 1 July 2005; the court's formal order reflects this statutory substitution from the transition date.

Parties
Applicant: Australian Communications and Media Authority; First Respondent: Clarity1 Pty Ltd (ABN 60 106 529 604); Second Respondent: Wayne Robert Mansfield
Jurisdiction
Australia
Judgment Date
16 November 2009
Procedural Posture
Application/motion / Interlocutory Application for Substitution of Party
Outcome
Application granted; applicant substituted with effect from 1 July 2005.
Legal Topics
Substitution of Party, Rectification of Court Record, Statutory Effect of Party Change, Transitional Legislative Provisions
Practice and Procedure Substitution of Party Rectification of Court Record Statutory Effect of Party Change Transitional Legislative Provisions

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Parties

Australian Communications and Media Authority

Applicant

Clarity1 Pty Ltd (ABN 60 106 529 604)

First Respondent

Wayne Robert Mansfield

Second Respondent

Procedural Posture

Application/motion / Interlocutory Application for Substitution of Party

Legal Issues

  1. 1 Whether the applicant in the proceedings should be formally substituted to reflect statutory change from the Australian Communications Authority to the Australian Communications and Media Authority with effect from 1 July 2005.
  2. 2 Whether such substitution should be retrospective to the transition date or only from the date of the Court's order.

Ratio Decidendi

The legislative effect of item 6(1) of Schedule 4 to the Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005 (Cth) requires that ACMA be substituted for the ACA as the applicant with effect from 1 July 2005; the court's formal order reflects this statutory substitution from the transition date.

Court Disposition

Application granted; applicant substituted with effect from 1 July 2005.

Orders

  • The time for service and the hearing of this Motion be abridged so as to permit a hearing at any time after service of this Motion.
  • In accordance with item 6(1) of Schedule 4 to the Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005 (Cth) the Australian Communications and Media Authority is substituted for the Australian Communications Authority as the applicant herein, that substitution is to take...