Economic Regulator, Competition and Access Sub-area NPA logo with link NPA logo with link

Economic Regulator, Competition and Access Sub-area

About this Sub-Area

This Sub-area includes:

  • matters concerning anti-competitive conduct, including:
    • civil cartel matters
    • mergers
    • misuse of market power
    • exclusive dealing
  • competition actions by the Australian Competition and Consumer Commission (ACCC)
  • infrastructure access and regulatory pricing matters.

It can be a fine distinction between matters in this NPA and matters in other Commercial and Corporations Sub-areas, such as the Commercial Contracts, Banking, Finance and Insurance Sub-area and the Corporations and Corporate Insolvency Sub-area. Which Sub-area a matter is commenced in may be determined by the nature of the character of the matter, the relief sought and the legislation relied upon.

Economic regulators

Generally, actions in this Sub-area are commenced by economic regulators, such as the:

The Commonwealth can also bring an action, or be a party to an economic regulator matter.

Australian Competition Tribunal

The Tribunal was created in 1966 as the Trade Practices Tribunal. It was renamed the Australian Competition Tribunal in 1995. The Court provides operational support for the Australian Competition Tribunal, including providing registry support for the tribunal.

If a matter relates to a decision of the Australian Competition Tribunal, then the matter may be commenced in the Court as a judicial review application. For more information about the Tribunal including its members, decisions and practice directions, visit the Australian Competition Tribunal’s website.

Practice Notes

All practice notes are to be read with the Central Practice Note.  It is the essential guide to practice in the Federal Court in all proceedings.

The NPA practice note sets out the arrangements for the management of Commercial and Corporations proceedings in this Sub-area:

NPA Practice Note:

Other practice notes and Court developed guides which may be relevant to this Sub-area include:

General Practice Notes:

Guides:

Forms, Rules & Fees

Filing fees for commencing a proceeding in this Sub-area may apply. Information about Court fees, including the fees payable and circumstances where an exemption or deferral can be given is available in Forms, Fees & Costs or from the Registry.

The forms used in this Sub-area will depend on the legislation relied upon – which will depend on the conduct involved and relief sought. Generally a matter may be commenced in this Sub-area by filing:

Forms:

These applications should be supported by one of the following Federal Court forms:

Rules:

Parties should consider whether it is necessary to file a Genuine steps statements (Form 16) in certain proceedings in this NPA - see Rule 8.02 of the Rules and the Civil Dispute Resolution Act 2011 (Cth) (including sections 6, 7 and 16).


Judicial review applications

Additionally, in this Sub-area, a person may, where a person is aggrieved by a decision that the Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act) applies, apply for a judicial review under section 5 of the ADJR Act by filing:

Forms:
  • Form 66 - Originating application for judicial review
  • Form 59 - Affidavit
Rules:
Notes:
  • An ADJR Act application must be filed within 28 days from notification of the decision or of the reasons for the decision (whichever is later).

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Important note: This information is procedural advice only. You should seek your own legal advice about legal cases and procedure in the Federal Court and in this area of law.