Federal Court of Australia
AUSTRALIAN COMPETITION TRIBUNAL
Telstra Corporation Ltd (No 2) [2006] ACompT 10 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 by Commonwealth – public interest immunity claim ADMINISTRATIVE LAW – judicial review – telecommunications access regime – application by Commonwealth – public interest immunity claim – whether documents are Cabinet documents – proper administration of review process – proper administration of justice Trade Practices Act 1974 (Cth): ss 152AB, 152CE, 152CF(3), 152CF(4), 152CGA, 152CGA(1)
Sankey v Whitlam (1978) 142 CLR 1, considered Commonwealth of Australia v Northern Land Council (1993) 176 CLR 604, applied Commonwealth v Construction, Forestry, Mining and Energy Union (2000) 98 FCR 31, applied National Tertiary Education Industry Union v Commonwealth (2001) 111 FCR 583, 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
GOLDBERG J
4 DECEMBER 2006
MELBOURNE IN THE australian competition tribunal
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 JUDGE: GOLDBERG J
DATE OF ORDER: 4 DECEMBER 2006
WHERE MADE: MELBOURNE
THE TRIBUNAL DIRECTS THAT:
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