Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2014] FCA 148

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2014] FCA 148 Citation: Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2014] FCA 148

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v CEMENT AUSTRALIA PTY LTD ACN 104 053 474, CEMENT AUSTRALIA HOLDINGS PTY LTD ACN 001 085 561, CEMENT AUSTRALIA (QUEENSLAND) PTY LTD FORMERLY QUEENSLAND CEMENT LTD ACN 009 658 520, POZZOLANIC ENTERPRISES PTY LTD ACN 010 367 898, POZZOLANIC INDUSTRIES PTY LTD ACN 010 608 947, CHRISTOPHER GUY LEON and CHRISTOPHER STEPHEN WHITE

File number(s): QUD 295 of 2008

Judge(s): GREENWOOD J

Date of judgment: 28 February 2014

Catchwords: COMPETITION LAW – consideration of the form of further orders to be made consequent upon the pronouncement of judgment in the principal proceeding on 10 September 2013 consequent upon a further hearing on 31 October 2013

Legislation: Australian Competition and Consumer Act 2010 (Cth), ss 45, 46 and 86 Federal Court of Australia Act 1976 (Cth), ss 19, 21, 23 Judiciary Act 1903 (Cth), s 39B(1A)(c) Federal Court Rules 2011, r 1.32

Cases cited: Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2013] FCA 909 – cited Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 – cited and quoted Rural Press Ltd v ACCC (2003) 216 CLR 53 – cited and quoted ACCC v Kokos International Pty Ltd (No 2) [2008] FCA 5; (2008) ATPR 42-212 – cited ICI Australia Operations Pty Ltd v Trade Practices Commission (1992) 38 FCR 248 – cited and quoted Other References: Zamir & Woolf, "The Declaratory Judgment", Lord Woolf and Jeremy Woolf, Sweet & Maxwell, 4th Edition Perspectives on Declaratory Relief, K Dharmananda and A Papamatheos, Declarations: Homer Simpson's Remedy – Is There Anything They Cannot Do?", The Hon Justice French (as his Honour then was)