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The latest issue of the Australian Journal of Competition and Consumer Law (Volume 30 Part 1) contains the following material

EDITORIAL

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Foreword by Sir Ian Barker QC

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Foreword by Kevin Edmund Lindgren, AM QC FAAL

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Articles

Practice and Procedure in the Criminal Jurisdiction of the Federal Court of Australia – Michael Wigney

Prosecutions for federal offences have historically been conducted in state and territory courts. In 2009, the Federal Court was invested with jurisdiction to hear prosecutions for cartel offences under the Competition and Consumer Act 2010 (Cth). This article provides an overview of the Court’s criminal jurisdiction. It includes a summary of cartel prosecutions heard to date and discusses the provisions which govern the Court’s criminal practice and procedure. One issue which emerges concerns the appropriateness and utility of retaining state-based committal proceedings in prosecutions conducted in the Court. Committal proceedings are far from uniform throughout the states and territories and are in many respects outdated and productive of little more than cost and delay. The author’s view is that, given the Court’s extensive powers and case management regime, committal proceedings can and should be dispensed with in matters prosecuted in the Court.

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Declaratory Orders for Breach of the ACL: Relevant Principles – Adrian Coorey

There is no doubt that the Federal Court of Australia has wide discretionary powers to make declarations. The purpose of this article is to provide a brief discussion on the meaning of a declaration, the requisite elements of a declaration and the scope of the power to make a declaration under s 21 of the Federal Court of Australia Act 1976 (Cth). The focus of the discussion is in reference to cases under the Australian Consumer Law, with the final section of the article providing a summary on the reasons for making and not making declarations.

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ACCESS TO SERVICESEditor: John Hedge

  • DBCT Management Pty Ltd v Treasurer and Minister for Infrastructure and Planning (Qld) [2021] QSC 335 – Interpretation of Criterion (a) John Hedge

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TELECOMMUNICATIONSEditor: Professor Niloufer Selvadurai

  • Analysis of the ACCC’s 2021 Ad Tech Report Holly Raiche

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CASE NOTESEditor: Christopher Hodgekiss SC

  • The Evolution of Australia’s Cartel Jurisprudence: Judicial Guidance on the Use of Informal Merger Clearance Documents in Competition Law Proceedings and Witness Evidence of Inducement to form a Cartel Andrew Christopher and Lachlan Blair
  • Australian Competition and Consumer Commission v Tasmanian Ports Corporation Pty Ltd [2021] FCA 482 Ketki Kotwal
  • Cartel Conduct – Strike Out Application Topples: Australian Competition and Consumer Commission v NQCranes Pty Ltd [2021] FCA 1270 Louise Moussa

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REPORT FROM ASIAEditor: Andrew Christopher

  • Review of Japan’s Cartel Leniency Policy in Light of Recent Amendments Rosie Finlayson and Lachlan Blair

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REPORT FROM NEW ZEALANDEditor: Debra Wilson

  • Relying on Non-reliance Clauses in Contracts: The New Zealand Court of Appeal Considers Differing Approaches under Contract and Consumer Laws Debra Wilson

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For the PDF version of the table of contents, click here: Westlaw AU – AJCCL Vol 30 No 1 Contents or here: New Westlaw Australia – AJCCL Vol 30 No 1 Contents.

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