High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
GUMMOW, KIRBY, HAYNE, HEYDON, CRENNAN AND KIEFEL JJ
ATTORNEY-GENERAL OF THE COMMONWEALTH
OF AUSTRALIA APPELLANT
AND
ALINTA LIMITED & ORS RESPONDENTS
Attorney-General (Cth) v Alinta Limited
[2008] HCA 2
Date of order: 13 December 2007
Date of publication of reasons: 31 January 2008
S331/2007
ORDER
1. Appeal allowed.
2. Set aside so much of paragraph 2 of the orders of the Full Court of the Federal Court of Australia made on 30 April 2007 as ordered that there be a declaration that s 657A(2)(b) of the Corporations Act 2001 (Cth) is invalid and, in its place, order that there be a declaration that s 657A(2)(b) of the Corporations Act 2001 (Cth) is not invalid on the ground that it purports to confer the judicial power of the Commonwealth on the Takeovers Panel.
On appeal from the Federal Court of Australia
Representation
D M J Bennett QC, Solicitor-General of the Commonwealth with M A Perry QC and E A Collins for the appellant (instructed by Australian Government Solicitor)
J R J Lockhart for the first and second respondents (instructed by Blake Dawson Waldron)
D M J Bennett QC, Solicitor-General of the Commonwealth for the third respondent (instructed by Australian Government Solicitor)
Submitting appearance for the fourth and fifth respondents
P J Hanks QC with S P Donaghue and F I Gordon appearing as amici curiae
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Attorney-General (Cth) v Alinta Limited
Constitutional law (Cth) – Judicial power – Meaning of judicial power – Takeovers Panel – Section 657A(2)(b) of the Corporations Act 2001 (Cth) allows the Takeovers Panel to make a declaration of unacceptable circumstances in connection with a finding of contravention of the takeovers provisions of the Act – Whether s 657A(2)(b) is invalid as involving the exercise of the judicial power of the Commonwealth by the Takeovers Panel.
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