High Court of Australia

Attorney-General (Cth) v Alinta Limited [2008] HCA 2

233 CLR 542; 82 ALJR 382; 242 ALR 1

31 Jan 2008

Case Number: S331/2007

Before

Gleeson CJ, Gummow, Kirby, Hayne, Heydon, Crennan, Kiefel JJ

Catchwords

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.

Constitutional law (Cth) – Judicial power – Meaning of judicial power – Whether function of Takeovers Panel was to resolve disputes about existing rights and obligations or to create new rights and obligations.

Constitutional law (Cth) – Judicial power – Meaning of judicial power – Relevance of scope of Takeover Panel's power to make remedial orders – Relevance of inability to enforce Takeover Panel's orders without independent exercise of judicial power.

Constitutional law (Cth) – Judicial power – Meaning of judicial power – Relevance of requirement that the Takeovers Panel consider public interest and policy considerations in deciding whether to make a declaration – Extent to which inclusion of policy considerations is indicative of non-judicial power.

Practice and procedure – Parties – Interveners and amici curiae – The appellant intervened below as of right – After special leave was granted, the commercial controversy between the original parties was resolved and an order revoking special leave sought – Whether the appellant was a party to the proceedings – Whether the appellant had an interest in the appeal to this Court – Whether leave should be granted to amici curiae to appear to contradict the appellant's submissions.

Constitution – Ch III.

Corporations Act 2001 (Cth) – s 657A.
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