The Australian Wine Consumers Co-Operative Society Limited v Commissioner for Fair Trading [2005] NSWADT 224

Set aside by Appeal : Set Aside by Appeal on 14 March 2007: Commissioner for Fair Trading, Office of Fair Trading v The Australian Wine Consumers Co-Operative Society Limited (GD) [2007] NSWADTAP 14

CITATION: The Australian Wine Consumers Co-Operative Society Limited v Commissioner for Fair Trading [2005] NSWADT 224 DIVISION: General Division APPLICANT PARTIES: The Australian Wine Consumers Co-Operative Society Limited RESPONDENT Commissioner for Fair Trading FILE NUMBER: 053047 and 053048 HEARING DATES: 3/06/2005 SUBMISSIONS CLOSED: 06/03/2005 DATE OF DECISION: 10/05/2005

BEFORE: Higgins S - Judicial Member APPLICATION: access to documents - secrecy provisions - Freedom of Information Act - access to documents - secrecy provisions MATTER FOR DECISION: Principal matter Co-operatives Act 1992 Freedom of Information Act 1966 (USA) Freedom of Information Act 1982 (Cth) Freedom of Information Act 1982 (Vic) Freedom of Information Act 1989 LEGISLATION CITED : Freedom of Information Act 1992 (Qld) Income Tax Assessment Act 1936 (Cth) Independent Commission Against Corruption Act 1988 National Companies and Securities Commission Act 1979 (Cth) Ombudsman Act 1974 Police Integrity Commission Act 1996 Federal Commissioner of Taxation v Swiss Aluminium Australia Ltd (1986) 66 ALR 159 at 167) Law Society of New South Wales v General Manager, Work Cover Authority of New South Wales (No. 2) (GD) [2005] NSW ADTAP 33 CASES CITED: News Corporation Ltd v National Companies and Securities Commission (1984) 1 FCR 64 re Birrell and Department of Premier and Cabinet (1990) VR 51 Richardson v Business Licensing Authority [2003] VCAT 1053 Saleam v Director General, Department of Community Services and Ors [2002] NSWADT 41 APPLICANT REPRESENTATION: A Naylor, counsel RESPONDENT J Renwick, counsel ORDERS: 1.The respondent's determination that the documents the subject of this application are exempt under cl.12 of the FOI Act is set aside; 2.The Registrar to set the matter down for hearing on the remaining issues at a date that is suitable to the parties