2021 Decisions

1. Application by Controlabill Pty Ltd [2021] ACompT 6
   ACT 3 of 2021

   COMPETITION - application for review of merger authorisation granted by the Australian Competition and Consumer Commission under s 101 of the Competition and Consumer Act 2010 (Cth) - proceeding listed for hearing of question whether applicant has a "sufficient interest" within the meaning of s 101(1AA)(b) - application for leave to withdraw…

   6 Dec 2021 JUSTICE O'BRYAN (DEPUTY PRESIDENT) ; DR D ABRAHAM (MEMBER) ; PROF K DAVIS (MEMBER)

2. Application by New South Wales Minerals Council (No 4) [2021] ACompT 5
   ACT 1 of 2021

   COSTS - whether Tribunal is empowered by s 44KB to award costs in a review under s 44K(2) of a decision under s 44H not to declare a service - principles to be applied in considering the making of a costs order - whether application for review was unmeritorious - costs not awarded STATUTORY INTERPRETATION - meaning of s 44KB(1) - meaning of the…

   18 Nov 2021 JUSTICE O'BRYAN (DEPUTY PRESIDENT) ; DR D ABRAHAM (MEMBER) ; PROF K DAVIS (MEMBER)

3. Application by New South Wales Minerals Council (No 3) [2021] ACompT 4
   ACT 1 of 2021

   TRADE PRACTICES – application under s 44K(2) of the Competition and Consumer Act 2010 (Cth) for review of the decision of the Commonwealth Treasurer under s 44H not to declare the shipping channel service at the Port of Newcastle – consideration of statutory framework for review – consideration of declaration criteria in s 44ZZCA – whether…

   4 Aug 2021 JUSTICE O'BRYAN (DEPUTY PRESIDENT) ; DR D ABRAHAM (MEMBER) ; PROF K DAVIS (MEMBER)

4. Application by New South Wales Minerals Council (No 2) [2021] ACompT 3
   ACT 1 of 2021

   TRADE PRACTICES - application by the New South Wales Minerals Council for the Tribunal to issue a notice under s 44K(6A) or s 44ZZOAAA(5) seeking the production of specified documents – contention that the documents ought to have been produced to the Tribunal by the designated Minister under s 44ZZOAAA(3)(c) – relevance of contention – proper…

   16 Jun 2021 JUSTICE O'BRYAN (DEPUTY PRESIDENT) ; DR D ABRAHAM (MEMBER) ; PROF K DAVIS (MEMBER)

5. Application by New South Wales Minerals Council [2021] ACompT 2
   ACT 1 of 2021

   TRADE PRACTICES - review under s 44K of the Competition and Consumer Act 2010 (Cth) of a decision not to declare services - application for intervention by the Australian Competition and Consumer Commission - consideration of the procedural powers of the Tribunal in a review under s 44K - nature of a review under s 44K - whether the Australian…

   20 May 2021 O'BRYAN J (DEPUTY PRESIDENT)

6. Application by Port of Newcastle Operations Pty Ltd [2021] ACompT 1
   ACT 2 of 2020

   PRACTICE AND PROCEDURE - submissions and materials filed by interested third party - imposition of confidentiality restrictions - relevance of Harman undertaking - whether personal undertaking by individual recipient required

   9 Mar 2021 O'BRYAN J (DEPUTY PRESIDENT)