State of Western Australia v Galati [2017] FCA 236

FEDERAL COURT OF AUSTRALIA

State of Western Australia v Galati [2017] FCA 236 File number: WAD 442 of 2016

Judge: GILMOUR J

Date of judgment: 20 March 2017

Catchwords: PRACTICE AND PROCEDURE – application for separate trials of questions in a proceeding: Federal Court Rules 2011 (Cth) r 30.01 – whether there should be a separate trial of the question of the applicant's status as an authority of the Crown in right of the State of Western Australia, and of the question of whether it was carrying on a business for the purposes of the Competition and Consumer Act 2010 (Cth) and the Competition Policy Reform (Western Australia) Act 1996 (WA). COMPETITION – the meaning of "carries on a business" pursuant to ss 2B(1) and 2C(1) of the Competition and Consumer Act 2010 (Cth) and ss 13 and 15(1) of the Competition Policy Reform (Western Australia) Act 1996 (WA)

Legislation: Competition and Consumer Act 2010 (Cth) ss 2B(1), 2C(1)(d), 2C(3), 45(2)(a) and (b) Federal Court Rules 2011 r 30.01 Competition Policy Reform (Western Australia) Act 1996 (WA) ss 13, 15(1)(d), 15(3), 45(2)(a) and (b) Marketing of Potatoes Act 1946 (WA) ss 5(1), 17A, 19(3), 22, 23(3), 23(4), 26(2), 28(1), 46, 49(2) Marketing of Potatoes Amendment and Repeal Act 2016 (WA) ss 2(c), 12

Cases cited: Landsdale Pty Ltd v Moore [2009] WASCA 176 cited Liberty Financial Pty Ltd v Scott [2003] FCA 226 cited Moore v Stockland South Beach [2011] WASC 337 applied NT Power Generation v Power and Water Authority (2002) 122 FCR 399 cited Reading Australia Pty Ltd v Australian Mutual Provident Society (1999) 217 ALR 495 followed Tepko Pty Ltd v Water Board (2001) 206 CLR 1 applied University of Sydney v ResMed Ltd (No 5) [2012] FCA 232 cited