Australian Communications and Media Authority v Jones

The Australian Communications and Media Authority (ACMA) filed proceedings against Jones and Diverse Link Pty Ltd, alleging contraventions of the Interactive Gambling Act 2001 (Cth). The ACMA sought declaratory, pecuniary, and injunctive relief against Diverse Link for providing a prohibited interactive gambling service with an Australian-customer link. Diverse Link failed to respond to the proceedings, including failing to file a notice of address for service and failing to appear at case management and interlocutory hearings. The ACMA applied for a default judgment against Diverse Link.

The court needed to determine whether Diverse Link's defaults warranted the granting of a default judgment. The court considered the ACMA's evidence of attempts to serve Diverse Link and the consequences of Diverse Link's defaults. The court found that Diverse Link had failed to defend the proceedings with due diligence and had defaulted under the Federal Court Rules 2011 (Cth). Consequently, the court granted the ACMA's application for a default judgment against Diverse Link. The court took Diverse Link to have admitted the facts outlined in the ACMA's concise statement.

Pursuant to the order, Diverse Link was taken to have contravened s 15(2A) of the Interactive Gambling Act 2001 (Cth) by providing a prohibited interactive gambling service with an Australian-customer link. Diverse Link was also ordered to pay the ACMA's costs of and incidental to the application, to be taxed.