Australian Gas Light Company (ACN 052 167 405) v Australian Competition & Consumer Commission (No 2) [2003] FCA 1229

FEDERAL COURT OF AUSTRALIA

Australian Gas Light Company (ACN 052 167 405) v Australian Competition & Consumer Commission (No 2) [2003] FCA 1229 COURTS - jurisdiction – 'matter' – 'matter' arising under Trade Practices Act – matter arising under any laws made by the parliament – claim for declaration that proposed acquisition would not contravene s 50 of the Trade Practices Act – alleged uncertainty of adherence to contractual arrangements and proposed operation of acquired business – whether uncertainty renders proposed declaration advisory only – existence of real controversy – justiciable matter – declaration relating to effect of prohibition under s 50 of proposed conduct – matter arising under Trade Practices Act – on preliminary question jurisdiction properly invoked TRADE PRACTICES – mergers and acquisitions – proposed acquisition of shares and assets in relation to power station and coal mine – declaration sought that proposed acquisition not in contravention of s 50 – whether inherent uncertainties render declaration advisory only – whether 'matter' attracting jurisdiction – whether matter 'arising under' Trade Practices Act – declaratory relief sought under s 163A of Trade Practices Act and s 21 Federal Court of Australia Act - preliminary question as to jurisdiction – jurisdiction properly invoked Trade Practices Act 1974 (Cth) s 50, s 163A Judiciary Act 1903 (Cth) s 39B(1A) Federal Court of Australia Act 1976 (Cth) s 21, s 23 R v Bevan; Ex parte Elias and Gordon (1942) 66 CLR 452 cited DJL v The Central Authority (2000) 201 CLR 226 cited Abebe v The Commonwealth (1999) 197 CLR 510 cited In Re Judiciary and Navigation Acts (1921) 29 CLR 257 cited Ainsworth v Criminal Justice Commission (1992) 175 CLR 654 cited Bass v Permanent Trustee Company Limited (1999) 198 CLR 334 cited Commonwealth v Sterling Nicholas Duty Free Pty Ltd (1972) 126 CLR 297 cited Royal College of Nursing (UK) v The Department of Health and Social Security [1981] AC 800 cited Airedale National Health Service Trust v Bland [1993] AC 789 cited R v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett (1945) 70 CLR 141 cited Zamir & Woolf, The Declaratory Judgment, 2nd Ed (1993)