Federal Court of Australia
AUSTRALIAN COMPETITION TRIBUNAL Nursing Agencies Association of Australia [2003] ACompT 2 TRADE PRACTICES – review sought of determination by Australian Competition and Consumer Commission to authorise agreements pertaining to the health sector which would otherwise have been in contravention of s 45 of the Trade Practices Act 1974 (Cth) – applicant sought leave to withdraw application for review prior to hearing – whether leave of the Australian Competition Tribunal required to withdraw application for review.
Trade Practices Act 1974 (Cth): s 91(1A)
Re United Permanent Building Society Ltd (1976) 26 FLR 129, considered Re Country Television Services Limited (1984) 73 FLR 68, followed Matter No 8 of 2002
APPLICATION FOR REVIEW OF THE DETERMINATION OF THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION MADE ON 4 DECEMBER 2002 GRANTING AUTHORISATION IN RELATION TO APPLICATIONS A90811 AND A90812 (AGREEMENTS BETWEEN HEALTH PURCHASING VICTORIA AND VICTORIAN PUBLIC HEALTH SERVICES FOR THE EXCLUSIVE AWARD OF TENDER TO NURSING AGENCIES)
BY: NURSING AGENCIES ASSOCIATION OF AUSTRALIA
GOLDBERG J (Deputy President), PROFESSOR D ROUND and MISS M STARRS 8 JULY 2003 MELBOURNE
IN THE AUSTRALIAN COMPETITION TRIBUNAL No 8 of 2002
APPLICATION FOR REVIEW OF THE DETERMINATION OF THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION MADE ON 4 DECEMBER 2002 GRANTING AUTHORISATION IN RELATION TO APPLICATIONS A90811 AND A90812 (AGREEMENTS BETWEEN HEALTH PURCHASING VICTORIA AND VICTORIAN PUBLIC HEALTH SERVICES FOR THE EXCLUSIVE AWARD OF TENDER TO NURSING AGENCIES)
BY: NURSING AGENCIES ASSOCIATION OF AUSTRALIA
THE TRIBUNAL: GOLDBERG J (Deputy President)
PROFESSOR D ROUND and
MISS M STARRS DATE OF ORDER: 8 JULY 2003
WHERE MADE: MELBOURNE
THE TRIBUNAL ORDERS THAT: 1. Leave is granted to the applicant, Nursing Agencies Association of Australia, to withdraw its application for review filed on 20 December 2002.
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