Australian Competition and Consumer Commission v April International Marketing Services Pty Ltd (No 4) [2010] FCA 16 (29 January 2010)

http://www.austlii.edu.au/au/cases/cth/FCA/2010/16.html

PRACTICE AND PROCEDURE – trade practices – allegations of price fixing arrangements made at meetings involving the respondents and other participants – applicant and some respondents have reached settlement and make joint application proposing consent orders on the basis of agreed facts and admissions – docket judge is part-heard on the continuing respondents’ motion to set aside service outside of jurisdiction – continuing respondents apply to adjourn hearing of joint application – whether docket judge should hear joint application – findings to be made on the basis of facts agreed by consenting parties – agreed facts and admissions not admissible against continuing respondents