Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v P. T. Garuda Indonesia (No 9) [2013] FCA 323 Citation: Australian Competition and Consumer Commission v P. T. Garuda Indonesia (No 9) [2013] FCA 323
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v P. T. GARUDA INDONESIA (ARBN 000 861 165)
File number: NSD 955 of 2010
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v AIR NEW ZEALAND LIMITED (ARBN 000 312 685)
File number: NSD 534 of 2010
Judge: PERRAM J
Date of judgment: 11 April 2013
Catchwords: EVIDENCE – Opinion evidence - Expert evidence – Whether expert on international transportation law qualified to give evidence on competition law – Whether expert on international transportation law qualified to give evidence on treaty construction EVIDENCE – Opinion evidence – Expert evidence – Proof of international law – Whether international law to be proved as a matter of law – Whether question of international law arising as part of foreign law to be proved as a fact or whether it should be excluded - Interaction between foreign, domestic and international law in evidence
Legislation: Constitution s 51(xxix) Air Navigation Act 1920 (Cth) s 12 Evidence Act 1995 (Cth) ss 135, 190 Federal Court of Australia Act 1976 (Cth) s 37M Undang-Undang Republik Indonesia Nomor 15 Tahun 1992 Tentang Penerbangan [Law No 15 of 1992 on Aviation] (Indonesia) Art 2 and Art 3 Peraturan Pemerintah Republik Indonesia Nomor 40 Tahun 1995 Tentang Angkutan Udara [Government Regulation No 40 of 1995 on Aviation] (Indonesia) Art 12 Agreement between the Government of the Commonwealth of Australia and the Government of the Republic of Indonesia for Air Services Between and Beyond their Respective Territory, Australia-Indonesia, signed 7 March 1969 [1969] ATS 4 (entered into force 7 March 1969) Art 6 Agreement between the United States and the United Kingdom relating to Air Services, United States of America-United Kingdom, signed 11 February 1946, 3 UNTS 253 (entered into force 11 February 1946) Art 11 Statute of the International Court of Justice, 39 AJIL Supp 215 (entered into force 24 October 1945) Art 38 Vienna Convention on the Law of Treaties, opened for signature on 23 May 1969, 1155 UNTS 331 (entered into force 27 January 1980) Art 31
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