Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Automotive Repairers' Association (Political Action Committee) Inc v NRMA Insurance Limited (No 2) [2003] FCA 1301
PRACTICE AND PROCEDURE – applicant in substantive proceeding an association of motor vehicle repairers – respondent in substantive proceeding a motor vehicle insurer – substantive application based on alleged exclusive dealing by respondent in contravention of subs 47(7) of Trade Practices Act 1974 (Cth) – allegation that respondent insurer implements a "Preferred Repairers Scheme" under which insureds are required to have repairs to their motor vehicles repaired by repairers on insurer's list of preferred repairers, as a condition of receiving certain benefits pursuant to their insurance policies – members of applicant association are repairers who are not on insurer's list of "preferred repairers" – application by an insured for leave to intervene or to appear as amicus curiae – person seeking leave would wish to lead evidence from himself and seven other insureds demonstrating aspects of Preferred Repairers Scheme which are contrary to the interests of "consumers" (insureds) – whether leave should be given when open to applicant to lead such evidence – limited role of intervener under Federal Court Rules O 6 r 17 – limited role of amicus curiae.
Trade Practices Act 1974 (Cth) subs 47(7) Federal Court Rules O 6 r 17
Wilson on behalf of the Bandjalang People v Minister for Land & Water Conservation (NSW) (2003) 198 ALR 238 cited United States Tobacco Company v Minister for Consumer Affairs (1988) 20 FCR 520 cited Corporate Affairs Commission v Bradley (Commonwealth Intervener) [1974] 1 NSWLR 391 cited Bropho v Tickner (1993) 40 FCR 165 cited Kabushiki Kaisha Sony Computer Entertainment v Stevens (2001) 116 FCR 490 cited Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 followed Oshlack v Richmond River Council (1998) 193 CLR 72 cited Qantas Airways Limited v Cameron (No 3) (1996) 68 FCR 387 cited
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