Australian Competition & Consumer Commission v 1Cellnet LLC [2004] FCA 1210

Australian Competition & Consumer Commission v 1Cellnet LLC [2004] FCA 1210

Leave to serve the first respondent outside the Commonwealth was granted because the Court was satisfied that it had jurisdiction, that FCR O 8 r 1 applied, and that the applicant had a prima facie case that the first respondent participated in and promoted the 1Cellnet scheme as a pyramid selling scheme in contravention of the Trade Practices Act 1974 (Cth), including by acquiring the facility to use the Global Bonus Program, promoting the scheme, and making payments connected with the scheme that were received in Australia.

Jurisdiction
Australia
Judgment Date
16 September 2004
Procedural Posture
Application Under the Trade Practices Act 1974 (cth) Alleging a Pyramid Selling Scheme; Ex Parte Motion for Leave to Serve Originating Process Outside the Commonwealth / Leave to Serve Outside Jurisdiction
Outcome
Motion granted; leave to serve the first respondent outside the Commonwealth.
Legal Topics
['service Outside the Commonwealth' 'pyramid Selling Scheme' 'trade Practices Act 1974 (cth)' 'internet Promotion' 'prima Facie Case']
['civil Procedure' 'competition and Consumer Law'] ['service Outside the Commonwealth' 'pyramid Selling Scheme' 'trade Practices Act 1974 (cth)' 'internet Promotion' 'prima Facie Case']

Case Brief

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Procedural Posture

Application Under the Trade Practices Act 1974 (cth) Alleging a Pyramid Selling Scheme; Ex Parte Motion for Leave to Serve Originating Process Outside the Commonwealth / Leave to Serve Outside Jurisdiction

Legal Issues

  1. 1 ['Whether the Court had jurisdiction in the proceeding for the purposes of FCR O 8 r 2(2)(a).' 'Whether FCR O 8 r 1 applied to the proceeding for the purposes of FCR O 8 r 2(2)(b).' 'Whether the applicant had a prima facie case for the relief sought against the first respondent for the purposes of FCR O 8 r 2(2)(c).']

Ratio Decidendi

Leave to serve the first respondent outside the Commonwealth was granted because the Court was satisfied that it had jurisdiction, that FCR O 8 r 1 applied, and that the applicant had a prima facie case that the first respondent participated in and promoted the 1Cellnet scheme as a pyramid selling scheme in contravention of the Trade Practices Act 1974 (Cth), including by acquiring the facility to use the Global Bonus Program, promoting the scheme, and making payments connected with the scheme that were received in Australia.

Court Disposition

Motion granted; leave to serve the first respondent outside the Commonwealth.

Orders

  • ['The applicant have leave to serve the application dated 16 August 2004, the statement of claim dated 16 August 2004, the notice of motion dated 1 September 2004, the affidavit of Peter William Cromwell dated 31 August 2004 in support of the motion, and any orders made by the Court on hearing the motion outside the...