Telstra Corporation Ltd (No 1) [2006] ACompT 7

AUSTRALIAN COMPETITION TRIBUNAL

Telstra Corporation Ltd (No 1) [2006] ACompT 7 TRADE PRACTICES – application pursuant to s 152CE(1) of the Trade Practices Act 1974 (Cth) – application for review of decision of Australian Competition and Consumer Commission ("Commission") to reject access undertakings – unconditioned local loop service – interlocutory application to require Commission to delete from index provided to Tribunal documents omitted from s 152CGA(1) statement. PRACTICE AND PROCEDURE – documents that were examined by Commission accidentally omitted from s 152CGA(1) statement – whether Tribunal can have regard to omitted documents – whether the Commission can provide supplementary s 152CGA(1) statement ADMINISTRATIVE LAW – judicial review – telecommunications access regime – application to require Commission to delete from index provided to Tribunal documents omitted from s 152CGA(1) statement – whether Commission functus officio – whether occasion requires Commission to provide further statement under s 152CGA(1) Trade Practices Act 1974 (Cth): ss 103, 152BU(4)(b), 152CE, 152CF(3), 152CF(4), 152CGA Acts Interpretation Act 1901 (Cth): s 33(1) Minister for Immigration and Ethnic Affairs v Kurtovic (1990) 21 FCR 193, cited Jayasinghe v Minister for Immigration and Ethnic Affairs (1997) 76 FCR 301, cited Leung v Minister for Immigration and Multicultural Affairs (1997) 79 FCR 400, cited Re St Nazaire Co(1879) 12 Ch D 88, cited Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597, applied FILE No 8 of 2006 RE: FINAL DECISION BY THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION DATED AUGUST 2006 IN RESPECT OF ORDINARY ACCESS UNDERTAKINGS SUBMITTED BY TELSTRA CORPORATION LIMITED FOR THE UNCONDITIONED LOCAL LOOP SERVICE BY: TELSTRA CORPORATION LTD (ACN 051 775 556) Applicant