2009 Decisions

1. Application by United Energy Distribution Pty Ltd [2009] ACompT 10
   File No 9 of 2009 ; File No 10 of 2009

   ADMINISTRATIVE LAW – review of determination by the Australian Energy Regulator (AER) – whether the Australian Competition Tribunal has jurisdiction to hear appeals relating to errors of law – meaning of “based wholly or partly on an error of fact in a material respect” in s 55(2)(c)(ii) of the Essential Services Commission Act 2001 (Vic) –…

   23 Dec 2009 JUSTICE FINKELSTEIN (PRESIDENT) ; R F SHOGREN ; M M STARRS

2. Application by EnergyAustralia and Others (No 2) [2009] ACompT 9
   2 ; 3 ; 4 ; 5 ; 6 of 2009

   25 Nov 2009 JUSTICE MIDDLETON (DEPUTY PRESIDENT), MR R DAVEY AND MR R SHOGREN

3. Application by EnergyAustralia and Others [2009] ACompT 8
   File No 2 of 2009 ; File No 3 of 2009 ; File No 4 of 2009 ; File No 5 of 2009 ; File No 6 of 2009

   COMPETITION LAW – Review of decision of Australian Energy Regulator pursuant to National Electricity Law - merits review – judicial review – consideration of grounds of review - whether exercise of discretion was incorrect – whether decision was unreasonable – scope of separate ground of review of ‘unreasonableness’ – whether a decision under…

   12 Nov 2009 JUSTICE MIDDLETON (DEPUTY PRESIDENT), MR R DAVEY AND MR R SHOGREN

4. Application by EnergyAustralia [2009] ACompT 7
   FILE NO 2 of 2009

   16 Oct 2009 JUSTICE MIDDLETON (DEPUTY PRESIDENT), MR R DAVEY AND MR R SHOGREN

5. Application by AAPT Limited (No 2) [2009] ACompT 6
   6 of 2008

   TRADE PRACTICES – telecommunications access regime – request to vary draft exemption orders – inferences drawn by Tribunal

   9 Sep 2009 JUSTICE FINKELSTEIN (PRESIDENT), R DAVEY, PROFESSOR D ROUND

6. Application by AAPT Limited [2009] ACompT 5
   6 of 2008

   ADMINISTRATIVE LAW – standing – meaning of a “person whose interests are affected” TRADE PRACTICES – telecommunications access regime – application for review – declared service – public switched telephone network originating access service – application for exemption from standard access obligations – whether exemption orders will promote the…

   24 Aug 2009 JUSTICE FINKELSTEIN (PRESIDENT), R DAVEY, PROFESSOR D ROUND

7. Application by Chime Communications Pty Ltd (No 3) [2009] ACompT 4
   No 2 of 2008

   TRADE PRACTICES – telecommunications access regime – market share condition imposed on exemption orders – meaning of “competition” and “market power”

   24 Aug 2009 JUSTICE FINKELSTEIN (PRESIDENT), R DAVEY AND PROFESSOR ROUND (MEMBERS)

8. Application by Energy Users’ Association of Australia [2009] ACompT 3
   File No 7 of 2009 ; File No 8 of 2009

   18 Jun 2009 JUSTICE MIDDLETON (DEPUTY PRESIDENT), MR R DAVEY AND MR G LATTA

9. Application by Chime Communications Pty Ltd (No 2) [2009] ACompT 2
   File No 2 of 2008

   ADMINISTRATIVE LAW – Judicial review – distinction between questions of fact and questions of law – whether ordinary or non-legal technical meaning of word is question of fact – limitation on the power of supervising court – whether a supervising court can direct an administrative body as to what meaning it should apply to a non-legal technical…

   27 May 2009 JUSTICE FINKELSTEIN (PRESIDENT), R DAVEY AND PROFESSOR D ROUND (MEMBERS)

10. Application by Telstra Corporation Limited [2009] ACompT 1
    File No 7 of 2008

    22 May 2009 JUSTICE MIDDLETON (DEPUTY PRESIDENT), MR R DAVEY AND PROFESSOR D ROUND (MEMBERS)