Freight Victoria Limited [2002] ACompT 1

AUSTRALIAN COMPETITION TRIBUNAL Freight Victoria Limited [2002] ACompT 1 PRACTICE AND PROCEDURE – trade practices – access to services – application for stay of proceeding until determination of application for certification of access regime – where proceeding relates to review of decision of Minister not to declare as a service rail line services provided by facilities leased to applicant – where access regime found not an effective access regime – Tribunal should determine matter on basis of law at time of determination – consideration of prejudice to parties if application for stay granted or refused.

Trade Practices Act 1974 (Cth): ss 44G, 44H, 44K, 44M, 44N

Hughes Motor Service Pty Ltd v Wang Computer Pty Ltd (1978) 35 FLR 346 considered Sterling Pharmaceuticals Pty Ltd v Boots Company (Australia) Pty Ltd (1992) 34 FCR 287 considered Ramsey v Aberfoyle Manufacturing Company (Australia) Pty Ltd (1935) 54 CLR 230 applied R v Whiteway; Ex parte Stephenson [1961] VR 198 applied Matter No 1 of 2002

IN THE MATTER OF FREIGHT VICTORIA LIMITED (ACN 075 295 644)

(TRADING AS FREIGHT AUSTRALIA)

GOLDBERG J (Deputy President), MISS M M STARRS & DR J E WALKER 27 MARCH 2002 MELBOURNE

IN THE AUSTRALIAN COMPETITION TRIBUNAL

No 1 of 2002

IN THE MATTER OF:

FREIGHT VICTORIA LIMITED (ACN 075 295 644)

(trading as FREIGHT AUSTRALIA)

THE TRIBUNAL: GOLDBERG J (Deputy President), MISS M M STARRS &

DR J E WALKER DATE OF ORDER: 27 MARCH 2002

WHERE MADE: MELBOURNE

THE TRIBUNAL ORDERS THAT: 1. ATN Access Pty Ltd be given leave to intervene. 2. The application by the State of Victoria for a stay of the proceeding, alternatively a postponement of the final hearing of the proceeding, be dismissed. 3. Each intervening party file and serve a statement of the facts and contentions upon which it relies giving particular attention to the matters set out in s 44H(4) of the Trade Practices Act 1974 (Cth) by 4.00pm on 10 May 2002. 4. The applicant and intervening parties (other than the National Competition Council) file and serve a list of documents they consider to be relevant to the application for review before the Tribunal in addition to those on the list provided by the National Competition Council by 4.00pm on 10 May 2002. 5. All parties (other than the National Competition Council) file and serve statements of all non‑expert witnesses proposed to be called to give evidence together with copies of all documents proposed to be tendered or otherwise relied on at the hearing by 4.00pm on 7 June 2002. 6. The National Competition Council file and serve statements of all non‑expert witnesses proposed to be called to give evidence together with copies of all documents proposed to be tendered or otherwise relied on at the hearing by 4.00pm on 21 June 2002. 7. All parties (other than the National Competition Council) file and serve statements of any expert witnesses proposed to be called to give evidence by 4.00pm on 19 July 2002. 8. The National Competition Council file and serve statements of any expert witnesses proposed to be called to give evidence by 4.00pm on 2 August 2002. 9. All parties file and serve any amendments and additions to their statement of facts and contentions by 4.00pm on 9 August 2002. 10. Adjourn the directions hearing to a date to be fixed. 11. The hearing be tentatively listed to commence on 11 September 2002.