Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition & Consumer Commission v C G Berbatis Holdings Pty Ltd [2000] FCA 2
CONSTITUTIONAL LAW – separation of powers – statutory prohibition of unconscionable conduct – within the meaning of the unwritten law of the States and Territories from time to time – common law of Australia – whether section confers statutory force on the common law – whether impermissible mixture of legislative and judicial power – whether offending against separation of powers
EQUITY – unconscionable conduct – equitable doctrines relating to – potential width and further future application – imported into statutory provision – Trade Practices Act 1974 (Cth) s 51AA – whether constitutionally valid
TRADE AND COMMERCE – Trade Practices Act 1974 – unconscionable conduct within the meaning of the unwritten law – s 51AA – operation – comparison with operation of s 51AB and s 51AC – constitutional validity
Trade Practices Act 1974 (Cth) s 51AA, s 51AB, 51AC, s 52
Judiciary Act 1903 (Cth) s 78B, 79, s 80
Native Title Act 1993 (Cth) s 12
Trade Practices Revision Act 1986 (No 17 of 1986)
Trade Practices Legislation Amendment Act 1992 (Cth)
Commonwealth Places (Application of Laws) Act 1970 (Cth) s 4(1)
Law and Justice Legislation Amendment Act 1988 (Cth)
Cases Cited
Australian Competition & Consumer Commission v C G Berbatis Holdings Pty Ltd [1999] FCA 1151
State of Western Australia v Commonwealth (1995) 183 CLR 373
Blomley v Ryan (1956) 99 CLR 362
Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447
Fencott v Muller (1983) 152 CLR 570
Stack v Coast Securities (No 9) Pty Ltd (1983) 154 CLR 261
R v Kidman (1915) 20 CLR 425
Lipohar v R [1999] HCA 65
Mabo v Queensland (No 2) (1992) 175 CLR 1
Environment Protection Authority v Caltex Refining Co Pty Ltd (1993) 178 CLR 477
Burnie Port Authority v General Jones Pty Ltd (1984) 179 CLR 520
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