ACCC v The Australian Medical Association Western Australia Branch Inc [2001] FCA 1471

ACCC v The Australian Medical Association Western Australia Branch Inc [2001] FCA 1471

The Court could proceed as between the applicant and the first, third and fourth respondents on the basis of their admissions and agreed facts, because s 191 of the Evidence Act 1995 (Cth) did not provide the exclusive means for agreed facts. However, it was not appropriate at this stage to make declarations or permanent injunctions that might overlap with issues contested by the second, fifth and sixth respondents. Suitably redrafted interlocutory injunctions, pecuniary penalties, a compliance program and agreed costs contribution were appropriate on the basis of the admissions and agreed facts.

Jurisdiction
Australia
Judgment Date
19 October 2001
Procedural Posture
Trade Practices Proceeding Alleging Contraventions of Part IV of the Trade Practices Act 1974 (cth) / Application for Consent Orders Between the Applicant and the First, Third and Fourth Respondents While Proceedings Remained Contested Against the Second, Fifth and Sixth Respondents
Outcome
Consent orders were not made in the proposed form. The declarations and permanent injunctions were declined at this stage; the consenting parties were permitted to lodge revised orders, including suitably redrafted interlocutory injunctions. Pecuniary penalties, the compliance program and the agreed costs...
Legal Topics
['consent Orders' 'agreed Facts' 'declarations' 'injunctions' 'pecuniary Penalties' 'price Fixing' 'exclusionary Provisions' 'trade Practices Compliance Program']
['competition and Consumer Law' 'evidence' 'civil Procedure'] ['consent Orders' 'agreed Facts' 'declarations' 'injunctions' 'pecuniary Penalties' 'price Fixing' 'exclusionary Provisions' 'trade Practices Compliance Program']

Case Brief

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Procedural Posture

Trade Practices Proceeding Alleging Contraventions of Part IV of the Trade Practices Act 1974 (cth) / Application for Consent Orders Between the Applicant and the First, Third and Fourth Respondents While Proceedings Remained Contested Against the Second, Fifth and Sixth Respondents

Legal Issues

  1. 1 ['Whether the Court could act on a statement of agreed facts between only some parties notwithstanding s 191 of the Evidence Act 1995 (Cth).' 'Whether declarations should be made by consent before trial against the non-consenting respondents where the declarations referred to matters contested by them.' 'Whether permanent or interlocutory injunctions should be granted against the first, third and fourth respondents at this stage.' 'Whether the proposed injunctions were drafted too broadly by extending beyond conduct prohibited by Part IV of the Trade Practices Act 1974 (Cth).' 'Whether the proposed pecuniary penalties and compliance program were appropriate.']

Ratio Decidendi

The Court could proceed as between the applicant and the first, third and fourth respondents on the basis of their admissions and agreed facts, because s 191 of the Evidence Act 1995 (Cth) did not provide the exclusive means for agreed facts. However, it was not appropriate at this stage to make declarations or permanent injunctions that might overlap with issues contested by the second, fifth and sixth respondents. Suitably redrafted interlocutory injunctions, pecuniary penalties, a compliance program and agreed costs contribution were appropriate on the basis of the admissions and agreed facts.

Court Disposition

Consent orders were not made in the proposed form. The declarations and permanent injunctions were declined at this stage; the consenting parties were permitted to lodge revised orders, including suitably redrafted interlocutory injunctions. Pecuniary penalties, the compliance program and the agreed costs...

Orders

  • ['The applicant and the first, third and fourth respondents lodge any consent orders, revised in accordance with the reasons, within 21 days of the date of the order.' 'One half of the costs of and incidental to the hearing on 7 August 2001, other than in respect of the preparation of the short minutes of proposed...