Australian Competition & Consumer Commission v Dataline.net.au Pty Ltd [2004] FCA 1361

Australian Competition & Consumer Commission v Dataline.net.au Pty Ltd [2004] FCA 1361

Leave for a non-lawyer director to appear for corporate respondents should not be granted unless exceptional circumstances require it; the complexity of the case and the role of the director as an alleged accessory make it inappropriate; the mere fact that a corporation is impecunious is not sufficient.

Jurisdiction
Australia
Judgment Date
15 October 2004
Procedural Posture
Application / Interlocutory (application for Leave to Appear)
Outcome
Application for leave for the fourth respondent to appear for the corporations in the action refused; limited leave granted in respect to strike-out motion; costs orders made.
Legal Topics
['right of Corporate Representation' 'leave for Non Legal Representation' 'trade Practices Act Contravention' 'strike Out of Defence']
['corporations Law' 'competition and Consumer Law' 'civil Procedure'] ['right of Corporate Representation' 'leave for Non Legal Representation' 'trade Practices Act Contravention' 'strike Out of Defence']

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Procedural Posture

Application / Interlocutory (application for Leave to Appear)

Legal Issues

  1. 1 ['Whether a non-lawyer director (Mr Russell) should be granted leave to appear for corporate respondents under Order 4, r 14(2) Federal Court Rules' 'Whether impecuniosity of a corporation justifies non-legal representation' 'Whether the fourth respondent should be permitted to represent the seventh respondent']

Ratio Decidendi

Leave for a non-lawyer director to appear for corporate respondents should not be granted unless exceptional circumstances require it; the complexity of the case and the role of the director as an alleged accessory make it inappropriate; the mere fact that a corporation is impecunious is not sufficient.

Court Disposition

Application for leave for the fourth respondent to appear for the corporations in the action refused; limited leave granted in respect to strike-out motion; costs orders made.

Orders

  • ['Application for leave for the fourth respondent to appear for the first, second and third respondents on the hearing of the action is refused.' "The fourth respondent has leave to appear for the first, second and third respondents on the applicant's motion to strike out their defence." "The first, second and third...