Australian Competition and Consumer Commission v Australialink Pty Ltd (No 3) [2009] FCA 552

Australian Competition and Consumer Commission v Australialink Pty Ltd (No 3) [2009] FCA 552

In absence of a specific denial or non-admission of an allegation, there is deemed to be an admission per O 11 r 13. Respondents must specifically plead to each factual allegation, especially those central to the applicant's case, or risk deemed admission, and are granted leave to file a fresh Defence to remedy deficiencies.

Jurisdiction
Australia
Judgment Date
27 May 2009
Procedural Posture
Civil / Interlocutory Motion on Pleadings
Outcome
Respondents granted leave to file and serve a fresh Defence; respondents to pay applicant's costs of the motion.
Legal Topics
['striking Out of Pleadings' 'requirements for Pleadings' 'federal Court Rules Compliance']
['practice and Procedure'] ['striking Out of Pleadings' 'requirements for Pleadings' 'federal Court Rules Compliance']

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Procedural Posture

Civil / Interlocutory Motion on Pleadings

Legal Issues

  1. 1 ['Whether the Further Amended Defence should be struck out for non-compliance with Federal Court Rules' 'Whether the Defence appropriately traverses allegations in the Statement of Claim' 'Whether the respondents must specifically plead to each allegation, including allegations of untruth of representations']

Ratio Decidendi

In absence of a specific denial or non-admission of an allegation, there is deemed to be an admission per O 11 r 13. Respondents must specifically plead to each factual allegation, especially those central to the applicant's case, or risk deemed admission, and are granted leave to file a fresh Defence to remedy deficiencies.

Court Disposition

Respondents granted leave to file and serve a fresh Defence; respondents to pay applicant's costs of the motion.

Orders

  • ['Respondents have leave to file and serve a Defence on or before 4 pm on 29 May 2009, which must specifically plead to each allegation, specifically traverse any matter not admitted, and comply with O 11 r 1B with Form 15B certificate.' "Respondents pay applicant's costs of and incidental to applicant's Notice of...