From: Adjudication

Sent: Tuesday, 3 February 2015 11:16 AM

To: 'mark@borrellolegal.com.au'

Subject: Third line forcing notification N98102 lodged by Circlebay Pty Ltd as trustee for the Swanview Unit Trust [DLM=For-Official-Use-Only]

Security Classification: UNCLASSIFIED For Official Use Only

Dear Mr Borello

I refer to the third line forcing notification lodged with the Australian Competition and Consumer Commission (the ACCC) by Circlebay Pty Ltd as trustee for the Swanview Unit Trust on 27 January 2015.  It has been allocated the registration number N98102. The notification and this email will be placed on the ACCC’s public register which is available on the ACCC’s website.

The protection from legal action provided by the notification commences automatically 14 days after the lodgement date, unless the ACCC objects.

On the basis of the information that you have provided, and that the parties will disclose all relevant terms and conditions to customers, the ACCC does not object to the notification at this time.

If at any time circumstances change, or the ACCC receives further information, such that it is satisfied that the public benefits from the third line forcing conduct do not outweigh the public detriments, the ACCC may remove the protection provided by the notification.

Please contact Tanya Hobbs on (02) 6243 1029 or by email to adjudication@accc.gov.au if you have any questions about this matter.

Regards

Dr Richard Chadwick
General Manager | Adjudication Branch
Australian Competition & Consumer Commission
23 Marcus Clarke Street Canberra 2601 | http://www.accc.gov.au