Australian Competition and Consumer Commission v Unique International College Pty Ltd

Australian Competition and Consumer Commission v Unique International College Pty Ltd - [2016] FCA 628 - FCA 2016 case summary — Zoe

[4]

PROVISION OF INFORMATION 8. Subject to paragraph 9, you must: (a) at or before the further hearing on the Return Date (or within such further time as the Court may allow) to the best of your ability inform the applicants in writing of all your assets world-wide, giving their value, location and details (including any mortgages, charges or other encumbrances to which they are subject) and the extent of your interest in the assets; (b) at or before the further hearing on the Return Date (or within such further time as the Court may allow) to the best of your ability inform the applicant in writing of every transaction between 1 September 2015 and 31 May 2016 in which payments were made by you to any of the following persons and the amount of the payment and the reason for the payment: (i) UIC Development Pty Ltd ACN 134 151 054 (ii) Khela Pty Ltd ACN 140 775 588 (iii) Manmohan Singh (iv) Surinder Kaur (v) Amarjit Singh (aka Amarjit Khela) (vi) Jasmeen Kaur (vii) Baljeet Singh (viii) Mandeep Kang (the related parties) (c) by 4:00pm on Friday 3 June 2016, serve on the applicant an affidavit setting out the above information; (d) by 4:00pm on Friday 3 June 2016, provide to the applicant copies of bank statements for all accounts operated by you. 9. (a) This paragraph 9 applies if you are not a corporation and you wish to object to complying with paragraph 8 on the grounds that some or all of the information required to be disclosed may tend to prove that you: (i) have committed an offence against or arising under an Australian law or a law of a foreign country; or (ii) are liable to a civil penalty. (b) This paragraph 9 also applies if you are a corporation and all of the persons who are able to comply with paragraph 8 on your behalf and with whom you have been able to communicate, wish to object to your complying with paragraph 8 on the grounds that some or all of the information required to be disclosed may tend to prove that they respectively: (i) have committed an offence against or arising under an Australian law or a law of a foreign country; or (ii) are liable to a civil penalty. (c) You must: (i) disclose so much of the information required to be disclosed to which no objection is taken; and (ii) prepare an affidavit containing so much of the information required to be disclosed to which objection is taken, and deliver it to the Court in a sealed envelope; and (iii) file and serve on each other party a separate affidavit setting out the basis of the objection.

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PERSONS OTHER THAN THE APPLICANT AND RESPONDENTS 12. Set off by banks This order does not prevent any bank from exercising any right of set off it has in respect of any facility which it gave you before it was notified of this order. 13. Bank withdrawals by the respondents No bank need inquire as to the application or proposed application of any money withdrawn by you if the withdrawal appears to be permitted by this order. 14. Persons outside Australia (a) Except as provided in subparagraph 14(b) below, the terms of this order do not affect or concern anyone outside Australia. (b) The terms of this order will affect the following persons outside Australia: (i) you and your directors, officers, employees and agents (except banks and financial institutions); (ii) any person (including a bank or financial institution) who: (A) is subject to the jurisdiction of this Court; and (B) has been given written notice of this order, or has actual knowledge of the substance of the order and of its requirements; and (C) is able to prevent or impede acts or omissions outside Australia which constitute or assist in a disobedience of the terms of this order; and (iii) any other person (including a bank of financial institution), only to the extent that this order is declared enforceable by or is enforced by a court in a country or state that has jurisdiction over that person or over any of that person's assets. 15. Assets located outside Australia Nothing in this order shall, in respect of assets located outside Australia, prevent any third party from complying or acting in conformity with what it reasonably believes to be its bona fide and properly incurred legal obligations, whether contractual or pursuant to a court order or otherwise, under the law of the country or state in which those assets are situated or under the proper law of any contract between a third party and you, provided that in the case of any future order of a court of that country or state made on your or the third party's application, reasonable written notice of the making of the application is given to the applicant. 16. Liberty to apply You have liberty to apply on 24 hours' notice in writing.

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PROVISION OF INFORMATION 8. Subject to paragraph 9, you must: (a) at or before the further hearing on the Return Date (or within such further time as the Court may allow) to the best of your ability inform the applicant in writing of all funds received by you from Unique, and all funds paid out by you to any person, including the following persons in the period 1 September 2015 to 31 May 2016 and the amount of the payment and the reason for the payment; (i) Khela Pty Ltd ACN 140 775 588 (ii) Manmohan Singh (iii) Surinder Kaur (iv) Amarjit Singh (aka Amarjit Khela) (v) Jasmeen Kaur (vi) Baljeet Singh (vii) Mandeep Kang (the related parties) (b) by 4:00pm on Friday 3 June 2016serve on the applicant an affidavit setting out the above information. (c) by 4:00pm on Friday 3 June 2016 provide the applicant with copies of all bank statements for the period 1 September 2015 to 31 May 2016 for all bank accounts held by you; 9. (a) This paragraph 9 applies if you are not a corporation and you wish to object to complying with paragraph 8 on the grounds that some or all of the information required to be disclosed may tend to prove that you: (i) have committed an offence against or arising under an Australian law or a law of a foreign country; or (ii) are liable to a civil penalty. (b) This paragraph 9 also applies if you are a corporation and all of the persons who are able to comply with paragraph 8 on your behalf and with whom you have been able to communicate, wish to object to your complying with paragraph 8 on the grounds that some or all of the information required to be disclosed may tend to prove that they respectively: (i) have committed an offence against or arising under an Australian law or a law of a foreign country; or (ii) are liable to a civil penalty. (c) You must: (i) disclose so much of the information required to be disclosed to which no objection is taken; and (ii) prepare an affidavit containing so much of the information required to be disclosed to which objection is taken, and deliver it to the Court in a sealed envelope; and (iii) file and serve on each other party a separate affidavit setting out the basis of the objection.

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PERSONS OTHER THAN THE APPLICANT AND RESPONDENTS 11. Set off by banks This order does not prevent any bank from exercising any right of set off it has in respect of any facility which it gave you before it was notified of this order. 12. Bank withdrawals by the respondents No bank need inquire as to the application or proposed application of any money withdrawn by you if the withdrawal appears to be permitted by this order. 13. Persons outside Australia (a) Except as provided in subparagraph 13(b) below, the terms of this order do not affect or concern anyone outside Australia. (b) The terms of this order will affect the following persons outside Australia: (i) you and your directors, officers, employees and agents (except banks and financial institutions); (ii) any person (including a bank or financial institution) who: (A) is subject to the jurisdiction of this Court; and (B) has been given written notice of this order, or has actual knowledge of the substance of the order and of its requirements; and (C) is able to prevent or impede acts or omissions outside Australia which constitute or assist in a disobedience of the terms of this order; and (iii) any other person (including a bank of financial institution), only to the extent that this order is declared enforceable by or is enforced by a court in a country or state that has jurisdiction over that person or over any of that person's assets. 14. Assets located outside Australia Nothing in this order shall, in respect of assets located outside Australia, prevent any third party from complying or acting in conformity with what it reasonably believes to be its bona fide and properly incurred legal obligations, whether contractual or pursuant to a court order or otherwise, under the law of the country or state in which those assets are situated or under the proper law of any contract between a third party and you, provided that in the case of any future order of a court of that country or state made on your or the third party's application, reasonable written notice of the making of the application is given to the applicant. 15. Liberty to apply You have liberty to apply on 24 hours' notice in writing.

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INTRODUCTION

(a) The application for this order is made returnable immediately. (b) The time for service of the application, supporting affidavits is abridged and service is to be effected by 5.00pm on 31 May 2016.
Subject to the next paragraph, this order has effect until further order. There will be a further hearing in respect of this order before Justice Perram on 7 June 2016 (the Return Date), at 10.15am or at such other time as is convenient to the Court. This order expires at 4:00pm on that day.
Anyone served with or notified of this order, including you, may apply to the Court at any time to vary or discharge this order or so much of it as affects the person served or notified.
In this order: (a) 'applicant', means the Australian Competition and Consumer Commission and the Commonwealth; (b) 'asset', means assets (including cash) held or owned by you which originated (either directly or indirectly) from any of the following parties who are not you: (i) Unique International College Pty Ltd ACN 120 557 851 (Unique); and/or (ii) UIC Development Pty Ltd ACN 134 151 054 (iii) Khela Pty Ltd ACN 140 775 588 (iv) Manmohan Singh (v) Surinder Kaur (vi) Amarjit Singh (aka Amarjit Khela) (vii) Jasmeen Kaur (viii) Baljeet Singh (ix) Mandeep Kang whether as a consequence of payments made to you or assets transferred to you or as a result of any other kind of transaction. (c) 'you', where there is more than one of you, includes all of you and includes you if you are a corporation; (d) 'third party' means a person other than you and the applicant; (e) 'unencumbered value' means value free of mortgages, charges, liens or other encumbrances.
(a) If you are ordered to do something, you must do it by yourself or through partners, employees, agents or others acting on your behalf or on your instructions. (b) If you are ordered not to do something, you must not do it yourself or through partners, employees, agents or others acting on your behalf or on your instructions or with your encouragement or in any other way.

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PROVISION OF INFORMATION 8. Subject to paragraph 9, you must: (a) at or before the further hearing on the Return Date (or within such further time as the Court may allow) to the best of your ability inform the applicant in writing of all funds received by you in the period 1 September 2015 to 31 May 2016, the amount of the payment and the reason for the payment from the following persons: (i) Unique; (ii) UIC Development Pty Ltd; (iii) Khela Pty Ltd; (b) inform the applicant in writing of all payments exceeding $20,000 received by you in the period 1 September 2015 to 31 May 2016, the amount of the payment and the reason for the payment from the following persons: (i) Manmohan Singh (ii) Surinder Kaur (iii) Amarjit Singh (iv) Jasmeen Kaur (v) Baljeet Singh (vi) Mandeep Kang, (the related parties) (c) inform the applicant in writing of your relationship to Manmohan Singh and to Amarjit Singh (d) by 4:00pm on Friday 3 June 2016 swear and serve on the applicant an affidavit setting out the above information. (e) by 4:00pm on Friday 3 June 2016 provide the applicant with copies of all bank statements for the period 1 September 2015 to 31 May 2016 in relation to any account operated by you including overseas accounts. 9. (a) This paragraph 9 applies if you are not a corporation and you wish to object to complying with paragraph 8 on the grounds that some or all of the information required to be disclosed may tend to prove that you: (i) have committed an offence against or arising under an Australian law or a law of a foreign country; or (ii) are liable to a civil penalty. (b) This paragraph 9 also applies if you are a corporation and all of the persons who are able to comply with paragraph 8 on your behalf and with whom you have been able to communicate, wish to object to your complying with paragraph 8 on the grounds that some or all of the information required to be disclosed may tend to prove that they respectively: (i) have committed an offence against or arising under an Australian law or a law of a foreign country; or (ii) are liable to a civil penalty. (c) You must: (i) disclose so much of the information required to be disclosed to which no objection is taken; and (ii) prepare an affidavit containing so much of the information required to be disclosed to which objection is taken, and deliver it to the Court in a sealed envelope; and (iii) file and serve on each other party a separate affidavit setting out the basis of the objection.

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PERSONS OTHER THAN THE APPLICANT AND RESPONDENTS 12. Set off by banks This order does not prevent any bank from exercising any right of set off it has in respect of any facility which it gave you before it was notified of this order. 13. Bank withdrawals by the respondents No bank need inquire as to the application or proposed application of any money withdrawn by you if the withdrawal appears to be permitted by this order. 14. Persons outside Australia (a) Except as provided in subparagraph 16 below, the terms of this order do not affect or concern anyone outside Australia. (b) The terms of this order will affect the following persons outside Australia: (i) you and your directors, officers, employees and agents (except banks and financial institutions); (ii) any person (including a bank or financial institution) who: (A) is subject to the jurisdiction of this Court; and (B) has been given written notice of this order, or has actual knowledge of the substance of the order and of its requirements; and (C) is able to prevent or impede acts or omissions outside Australia which constitute or assist in a disobedience of the terms of this order; and (iii) any other person (including a bank of financial institution), only to the extent that this order is declared enforceable by or is enforced by a court in a country or state that has jurisdiction over that person or over any of that person's assets. 15. Assets located outside Australia Nothing in this order shall, in respect of assets located outside Australia, prevent any third party from complying or acting in conformity with what it reasonably believes to be its bona fide and properly incurred legal obligations, whether contractual or pursuant to a court order or otherwise, under the law of the country or state in which those assets are situated or under the proper law of any contract between a third party and you, provided that in the case of any future order of a court of that country or state made on your or the third party's application, reasonable written notice of the making of the application is given to the applicant. 16. Liberty to apply You have liberty to apply on 24 hours' notice in writing. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

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