Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vodafone Australia Limited v Australian Competition & Consumer Commission [2005] FCA 1294 TELECOMMUNICATIONS – access regime – declared services – pricing principles – where Commission must determine principles relating to price of access to declared service – where Commission's determination may contain 'price-related terms and conditions' – where Commission purported to specify price – whether such specification falls within 'terms and conditions relating to price or a method of ascertaining price' – whether price-related terms and conditions must be consistent with pricing principles – Trade Practices Act 1974 (Cth) s 152AQA ADMINISTRATIVE LAW – judicial review – expert evidence – whether relevant – whether of assistance in understanding specialised terms or principles WORDS AND PHRASES - 'price-related terms and conditions', 'terms and conditions relating to price or a method of ascertaining price' Acts Interpretation Act 1901 (Cth) Administrative Decisions (Judicial Review) Act 1977 (Cth) Judiciary Act 1903 (Cth) Telecommunications Act 1997 (Cth) Telecommunications Act 1991 (Cth) Telecommunications (Transitional Provisions & Consequential Amendments) Act 1997 (Cth) Trade Practices Act 1974 (Cth) Part XIC, s 152AQA Trade Practices (Telecommunications) Act 2001 (Cth)
Minister for Aboriginal Affairs v Peko‑Wallsend Ltd (1986) 162 CLR 24, applied Price v Elder (2000) 97 FCR 218, referred to Telstra Corporation Ltd & Ors v Seven Cable Television Pty Ltd & Ors (2000) 102 FCR 517, applied Visa International Service Association and Anor v Reserve Bank of Australia (2003) 131 FCR 300, distinguished
VODAFONE AUSTRALIA LIMITED & ANOR v
AUSTRALIAN COMPETITION & CONSUMER COMMISSION
NSD 1151 of 2005 EDMONDS J 16 SEPTEMBER 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
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