Baxendale’s Vineyard Pty Ltd v The Geographical Indications Committee [2007] FCAFC 122

FEDERAL COURT OF AUSTRALIA

Baxendale's Vineyard Pty Ltd v The Geographical Indications Committee [2007] FCAFC 122

PRIMARY INDUSTRY – wine regions – determination of geographical indication – whether the Whitlands High Plateaux region should be part of or separate from the King Valley region - identification of boundaries of regions – application of the Australian Wine and Brandy Corporation Act 1980 (Cth) – application of the criteria set out in the Australian Wine and Brandy Corporation Regulations 1981 (Cth) – the meaning of appellation of origin – determination of King Valley region – Agreement between Australia and the European Community on Trade in Wine and Protocol [1994] ATS 6

ADMINISTRATIVE LAW – appeal from the Administrative Appeals Tribunal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – whether or nor the grounds of appeal raise questions of law – Tribunal's decision affirmed

Australian Wine and Brandy Corporation Act 1980 (Cth) ss 3(1), 4, 5A, 5B, 6, 40C, 40D, 40N, 40P, 40PA, 40Q, 40T(2), 40U, 40V, 40W, 40Y, 40ZA Administrative Appeals Tribunal Act 1975 (Cth) s 44 Australian Wine and Brandy Corporation Regulations 1981 ss 23, 24, 25

Beringer Blass Wine Estates Ltd v Geographical Indications Committee (2002) 125 FCR 155 considered NBGM v Minister for Immigration and Multicultural Affairs (2006) 81 ALJR 337 applied

BAXENDALE'S VINEYARD PTY LTD, JAMES GOLDIE BAXENDALE, WILLIAM JAMES HARDIE, JOHN LOVE AND ANDREW D WRIGHT v THE GEOGRAPHICAL INDICATIONS COMMITTEE AND KING VALLEY VIGNERONS INC SAD 259 OF 2006

EMMETT, DOWSETT AND SIOPIS JJ

10 AUGUST 2007

BRISBANE (VIA VIDEO LINK) (HEARD IN MELBOURNE)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 259 OF 2006

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY JUSTICE DOWNES, PRESIDENT