Australian Competition & Consumer Commission v Jones (No 2)

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Jones (No 2) [2010] FCA 371

Citation:		Australian Competition & Consumer Commission v Jones (No 2) [2010] FCA 371
Parties:		AUSTRALIAN COMPETITION & CONSUMER COMMISSION v DARRYL PETER JONES
File number:		QUD 54 of 2010
Judge:		LOGAN J
Date of judgment:		14 April 2010
Catchwords:		PRACTICE AND PROCEDURE - Application for extension of time to comply with Order of Court after expiry of time for compliance - Where Order is subject to separate application for extension of time for leave to appeal - Where solicitor and respondent have given undertakings - Court has discretion under Federal Court Rules, O 3 r 3 to extend time for compliance even after its expiry - Held, discretion exercised to grant extension of time upon undertakings given
Legislation:		Federal Court Rules O 3 r 3, O 62 r 23
Cases:		Australian Competition & Consumer Commission v Jones [2010] FCA 205
Date of hearing:	14 April 2010
Place:	Brisbane
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	35
Counsel for the Applicant:	Mr MT Brady
Solicitor for the Applicant:	Australian Government Solicitor
Counsel for the Respondent:	Mr B Levet
Solicitor for the Respondent:	Kinghan & Associates

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 54 of 2010

BETWEEN:	AUSTRALIAN COMPETITION & CONSUMER COMMISSION Applicant
AND:	DARRYL PETER JONES Respondent

JUDGE:	LOGAN J
DATE OF ORDER:	14 APRIL 2010
WHERE MADE:	BRISBANE

UPON THE UNDERTAKING OF THE RESPONDENT by his counsel to deliver to his solicitor, Ann Christine Kinghan of Kinghan & Associates, within 7 days a list (the client list) of the type described by paragraphs 3 and 4 of the orders made by Logan J on 5 March 2010;

AND UPON THE UNDERTAKING OF ANN CHRISTINE KINGHAN, in the event that the respondent supplies the client list to her in accordance with the respondent’s undertaking, within 7 working days from the date of the receipt of the client list to send or transmit a copy of Schedule “A” to the interlocutory orders made on 5 March 2010 to each person on the client list at the postal, email or facsimile address disclosed on the client list;

THE COURT ORDERS THAT:

1.The time for compliance with order 3 of the interlocutory orders made on 5 March 2010 be extended until seven days after the hearing and determination of the respondent's application for an extension of time within which to seek leave to appeal from those orders, or such later date as may be fixed by the Court.

2.Ann Christine Kinghan file and serve an affidavit by 5 May 2010 deposing as to compliance with the undertakings noted above.

3.The applicant has leave to discontinue the motion and statement of charge filed 31 March 2010.

4.The respondent pay the applicant’s costs of and incidental to the respondent's oral application of 14 April 2010 to extend time for compliance with paragraph 3 of the orders of 5 March 2010.

5.As to…