ACCC v The Australian Medical Association Western Australia Branch Inc [2001] FCA 1471

FEDERAL COURT OF AUSTRALIA

ACCC v The Australian Medical Association Western Australia Branch Inc

[2001] FCA 1471

TRADE PRACTICES – consent orders – Australian Competition and Consumer Commission sued two sets of respondents for alleged breaches of Part IV of Trade Practices Act - alleged anti-competitive understanding in relation to fees payable to doctors treating public patients at a hospital owned and operated by second respondent – one set of respondents admitted contraventions and consented to proposed declarations, injunctions and pecuniary penalties – other set of respondents objected to declarations and injunctions being granted before trial of proceedings against them – extent to which, in those circumstances, Court should make orders on agreed statement of facts – whether s 191 of the Evidence Act provides the only means whereby a Court may proceed on the basis of agreed facts – whether appropriate to grant declarations, injunctions and order pecuniary penalties at this stage. Trade Practices Act 1974 (Cth), ss 45(2)(a)(i), (ii), 45(2)(b)(ii), 45A, 80(4) Evidence Act 1995 (Cth), s 191

Australian Competition and Consumer Commission v SIP Australia Pty Ltd (1999) ATPR 41‑702 referred to Australian Competition & Consumer Commission v CC (NSW) Pty Ltd (No 9) [2000] FCA 23 referred to ACCC v ABB Transmission and Distribution Ltd [2001] FCA 383 referred to Australian Competition & Consumer Commission v Real Estate Institute of Western Australia Inc & Ors [1999] FCA 18 followed Trade Practices Commission v CSR Ltd (1991) ATPR 41-076 referred to ACCC v THE AUSTRALIAN MEDICAL ASSOCIATION WESTERN AUSTRALIA BRANCH INC, MAYNE NICKLESS LTD TRADING AS HEALTH CARE OF AUSTRALIA, PAUL CONSTANTINE BOYATZIS, DR DAVID EVAN ROBERTS, MARTIN DAY and IAN GEOFFREY MACDONALD W 121 of 2000 CARR J 19 OCTOBER 2001 PERTH