ADMINISTRATIVE LAW - consideration of an application for judicial review of a decision made by the Australian Competition Tribunal - where the Tribunal made an order setting aside a decision of the Minister not to declare a service under s 44H of the Competition and Consumer Act 2010 (Cth) and made an order declaring a service pursuant to s 44K(8) of the Act.
COMPETITION - consideration of the decision of the Full Court of the Federal Court of Australia in Sydney Airport Corporation Ltd v Australian Competition Tribunal and Others (2006) 155 FCR 124 - where declaration relates to services provided by coal port infrastructure facilities - scope of s 44H(4)(a) and of s 44H(4)(f) - where ordinary meaning of "access" in the context of access to a service is a right or ability to use a service - where the exercise of power under s 44H calls for a comparison between the future state of competition in a dependent market with access and no access to the service or with increased access and restricted access to the service.
PRACTICE AND PROCEDURE - consideration of the second respondent's use of a Notice of Contention pursuant to r 36.24 of the Federal Court Rules 2011 (Cth) - where the Tribunal is not a "court appealed from" and the applicant has not served a "notice of appeal" within r 36.24 - where no judicially reviewable error is made out.
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