21 December 2001: Proceedings were instituted in the Federal Court, Brisbane. The ACCC took action against Dataline.net.au Pty Ltd, Australis Internet Pty Ltd,* World Publishing Systems Pty Ltd, the managing director of Dataline and CEO of Australis, John Lynden Russell, and senior staff.
8 February 2002: the ACCC's application for interlocutory relief was heard before Justice Drummond who ordered:
an injunction restraining Dataline, Australis and WPS from debiting the credit card of any person in connection with their business without first receiving a written authorisation for such a debit bearing a handwritten signature by the apparent credit card holder
by consent, Dataline and Australis undertake not to take any step in the proceedings in the District Courts of Queensland and Western Australia against small businesses until the conclusion of the ACCC's proceedings.
7 November 2003: All parties attended mediation; no settlement was reached.
25 September 2003: Justice Keifel ordered that the respondents deliver a discovery list within 28 days. If they failed to comply their defence would be struck out and directions would be made leading to trial.
28 November 2003: The ACCC filed an application for orders to strike out the respondents' defence. The hearing of this application was adjourned.
19 August 2004: The fourth respondent (John Lynden Russell) filed a motion seeking the leave of the court that he represents the first, second and third respondents (Dataline, Australis and WPS). Hearing of motion set down for 15 October 2004.
11 October 2004: The ACCC filed an application for leave of the court to proceed against the second respondent (in liquidation) and for a declaration that the respondents' defence is struck out.
15 October 2004: Justice Kiefel set down a hearing date for 1 December 2004 for the ACCC's application for a declaration that the respondents' defence is struck out. Justice Kiefel also declined to grant leave to the fourth respondent to represent the first, second and third respondents on the hearing of the action (except for the hearing on 1 December 2004). Orders were also made allowing the seventh respondent liberty to apply with respect to the issue of her representation.
9 December 2004: Directions hearing held. Judgment reserved.
3 March 2005: Judgment handed down by Justice Keifel declaring that the defence of the first, second, third, fourth and seventh respondents be struck out as a consequence of their failure to comply with the orders of 25 September 2004. Justice Kiefel has ordered that:
the hearing of the ACCC's application for judgment in accordance with O 35A r 3(2)(c) of the Federal Court rules be adjourned to a date to be fixed
the first, second, third, fourth and seventh respondents pay the applicant's costs including any reserved costs of the motion.
2 November 2005:An outline of submissions and affidavit evidence was filed by the respondents.
18 November 2005: An outline of submissions in reply and further affidavit evidence was filed by the ACCC.
22 December 2005: Interlocutory stages have been completed. The matter has been set down for hearing on 16 February 2006.
16 February 2006:The hearing of the ACCC's application for judgment in accordance with O 35A r 3(2) of the Federal Court rules occurred on 16 February 2006. Judgment has been reserved.
3 November 2006: The Federal Court declared that Dataline.net.au Pty Ltd has engaged in unconscionable and misleading and deceptive conduct in connection with the supply of internet related services to small businesses and consumers throughout Australia.
The court also declared that Australis Internet Pty Ltd and World Publishing Systems Pty Ltd engaged in misleading and deceptive conduct and that Mr John Russell, managing director of Dataline and Australis was knowingly concerned in the contraventions by all three companies. Former staff members of Dataline also consented to declarations that they were knowingly concerned in misleading and deceptive conduct by Dataline.
The court also ordered that Mr Russell be restrained from engaging in resale price maintenance by requiring or encouraging retail providers of internet-related providers to sell services to consumers at a price less than a price specified by any business with which he is connected. Mr Russell was also ordered to pay a pecuniary penalty in respect of the resale price maintenance conduct which the court declared was engaged in by Dataline and Australis.
24 November 2006: The ACCC filed a notice of appeal against some aspects of the decision of Justice Kiefel handed down on 3 November 2006. The ACCC is appealing the decision not to impose pecuniary penalties on the corporate respondents, which were in liquidation, in relation to the resale price maintenance conduct and the decision not to grant injunctions restraining Mr Russell from engaging in unconscionable conduct and misleading and deceptive conduct. Further, the ACCC is appealing the amount of the pecuniary penalty imposed on Mr Russell for the resale price maintenance conduct. The matter is listed for callover on 14 February 2007 before the Full Federal Court in Brisbane.
March 2007: This matter is listed for hearing on 14 May 2007 before the Full Federal Court.
7 September 2007: The ACCC appeal to the Full Federal Court dismissed.
