Australian Energy Regulator v Australian Competition Tribunal [2016] FCAFC 144

Australian Energy Regulator v Australian Competition Tribunal [2016] FCAFC 144

Leave was granted under r 9.12(2) of the Federal Court Rules 2011 (Cth) to both the Minister and PIAC to intervene, each limited to their respective written submissions filed on 30 September 2016, on the basis that their contributions would be useful and different and would not unreasonably interfere with the proceedings. No order for costs was made in respect of the interventions.

Jurisdiction
Australia
Judgment Date
17 October 2016
Procedural Posture
Application for Judicial Review / Interlocutory Applications for Intervention
Outcome
Applications for intervention granted with limitations; no order as to costs for interventions.
Legal Topics
['judicial Review' 'intervention' 'costs' 'written Submissions']
['administrative Law' 'practice and Procedure'] ['judicial Review' 'intervention' 'costs' 'written Submissions']

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Procedural Posture

Application for Judicial Review / Interlocutory Applications for Intervention

Legal Issues

  1. 1 ['Whether the Minister for Environment and Energy and the Public Interest Advocacy Centre Ltd should be granted leave to intervene' 'Scope and limitation of intervention (written submissions only)' 'Whether intervention should be on a costs-protected basis']

Ratio Decidendi

Leave was granted under r 9.12(2) of the Federal Court Rules 2011 (Cth) to both the Minister and PIAC to intervene, each limited to their respective written submissions filed on 30 September 2016, on the basis that their contributions would be useful and different and would not unreasonably interfere with the proceedings. No order for costs was made in respect of the interventions.

Court Disposition

Applications for intervention granted with limitations; no order as to costs for interventions.

Orders

  • ['Pursuant to rule 9.12(2) of the Federal Court Rules 2011 (Cth), the Minister for Environment and Energy has leave to intervene in each application, limited to making written submissions filed 30 September 2016.' "No order for costs in respect of the Minister's intervention or application to intervene." 'Pursuant...