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Australian Competition And Consumer Commission V Baxter Healthcare Pty Ltd
''Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd'',. (''Baxter'') was a decision of the High Court of Australia, which ruled on 29 August 2007 that Baxter Healthcare Proprietary Limited, a tenderer for various government contracts, was bound by the '' Trade Practices Act 1974'' (TPA, Australian legislation governing anti-competitive behaviour) in its trade and commerce in tendering for government contracts. More generally, the case concerned the principles of derivative governmental immunity: whether the immunity of a government from a statute extends to third parties that conduct business with the government. The High Court's judgment marked a successful appeal for the Australian Competition & Consumer Commission, the Australian regulator of anti-competitive conduct, having lost at first instance and on appeal in the Federal Court of Australia. The ACCC was again successful when the case was remitted to the Federal Court for reconsideration, endi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peritoneal Dialysis
Peritoneal dialysis (PD) is a type of dialysis which uses the peritoneum in a person's abdomen as the membrane through which fluid and dissolved substances are exchanged with the blood. It is used to remove excess fluid, correct electrolyte problems, and remove toxins in those with kidney failure. Peritoneal dialysis has better outcomes than hemodialysis during the first couple of years. Other benefits include greater flexibility and better tolerability in those with significant heart disease. Complications may include infections within the abdomen, hernias, high blood sugar, bleeding in the abdomen, and blockage of the catheter. Use is not possible in those with significant prior abdominal surgery or inflammatory bowel disease. It requires some degree of technical skill to be done properly. In peritoneal dialysis, a specific solution is introduced through a permanent tube in the lower abdomen and then removed. This may either occur at regular intervals throughout the day, kn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Yates (judge)
David Markey Yates is an Australian judge. He has been a Judge of the Federal Court of Australia since November 2009. Prior to his appointment, Yates practised as a Senior Counsel in Sydney. Yates graduated from the University of Sydney with a Bachelor of Laws. He was admitted as a solicitor in 1977 and as a barrister in 1982, becoming Senior Counsel in 1997. While at the bar, Yates worked actively in intellectual property, being a member of the Intellectual Property Committee of the Law Council of Australia, heading the Intellectual Property Section of the New South Wales Bar Association, and being a member of the New South Wales Committee of the Intellectual Property Society of Australia and New Zealand. See also *List of Judges of the Federal Court of Australia Judges who have served on the Federal Court of Australia , are appointed in accordance with section 72 of the Constitution, which has, since the Court's inception in 1976, been for a term expiring at age 70 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ashurst Australia
Ashurst Australia is the Australian branch of Ashurst LLP, an international commercial law firm. The Australian headquarters of Ashurst are in Sydney. Prior to its acquisition by Ashurst, the Australian firm was named Blake Dawson, one of the '' Big Six'' leading Australian law firms. History Australian predecessor Blake Dawson was founded in 1841. Its founder, James Hunter Ross, emigrated from Scotland to set up practice in Melbourne on the corner of Bourke and William Streets. In 1865 its founder died, and the firm was renamed to Blake & Riggall in 1874. In 1881 a firm later to be known as Waldron & Dawson was founded on Pitt Street in Sydney. These two firms were prominent in the legal systems of Australia's colonies. Their client bases included large corporations, banks, mining companies, and pastoral companies. The firms were merged in 1988, alongside two other firms; Collison Hunt & Richardson (Perth) and McCubbery Train Love and Thomas (Port Moresby). This mer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lindsay Foster
Lindsay Graeme Foster was an Australian judge. He served as a Judge of the Federal Court of Australia from 4 September 2008 to 30 September 2020. Foster studied at the University of Sydney and was admitted to practice by the Supreme Court of New South Wales in 1976. He practiced as a solicitor until his admission to the bar in 1981, and was appointed Senior Counsel in 1994. He continued to work as a barrister until his appointment to the Federal Court in September 2008, when he filled one of three open vacancies. '' [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Government Solicitor
The Australian Government Solicitor (AGS) is an Australian public servant and a federal government agency of the same name which provides legal advice to the federal government and its agencies. AGS was originally the Crown Solicitor's Office, which was established on 1 July 1903 on the appointment of Charles Powers as the first Commonwealth Crown Solicitor. With a major restructure of the Attorney-General's Department from 1983 to 1984, the Crown Solicitor's Office became the Office of the Australian Government Solicitor, with Crown Solicitor Tom Sherman appointed the first Australian Government Solicitor. Some functions of the Crown Solicitor's Office were transferred to other parts of the Attorney-General's Department. In 1999, the Australian Government Solicitor ceased being an office held by an individual, and instead became a government business enterprise, headed by a CEO, separate from the Attorney-General's Department. On 1 July 2015, AGS was consolidated within the Att ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roger Gyles
Roger Vincent Gyles (born 22 August 1938) is a former Australian judge who is currently the Independent National Security Legislation Monitor. In this role he is tasked to monitor and examine the Australian Government’s new counter-terrorism legislation. He has previously been an Acting Judge of the Court of Appeal of the Supreme Court of New South Wales, a judge of the Federal Court of Australia and a Royal Commissioner. Early life Gyles was educated at Newington College (1950–1954) and graduated from the University of Sydney with First Class Honours in Law in 1961. Legal career After practising as a solicitor, Gyles was admitted to the New South Wales Bar in 1964 and took silk in 1975. He acted as Master in Equity in 1975 and as a Judge of the Supreme Court of New South Wales in 1989. Between 1982 and 1984 he acted as Special Commonwealth Prosecutor into Bottom of the harbour tax avoidance, and between 1990 and 1992 he was Royal Commissioner into the Building Indust ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Dowsett
John Alfred Dowsett is a former judge of the Federal Court of Australia. Justice Dowsett was appointed to the Federal Court on 14 September 1998,. Prior to his appointment to the Federal Court, he served as a judge of the Supreme Court of Queensland from 1985. Before his appointment to the Supreme Court of Queensland, Justice Dowsett practised as a barrister in Queensland. He was appointed as a Queen's Counsel in 1982. Honours On 11 June 2012, Justice Dowsett was named a Member of the Order of Australia for "service to the law and to the judiciary, to professional associations, and to legal education in the area of litigation and dispute resolution." See also *List of Judges of the Federal Court of Australia Judges who have served on the Federal Court of Australia , are appointed in accordance with section 72 of the Constitution, which has, since the Court's inception in 1976, been for a term expiring at age 70. Judges' appointment, tenure, and re ... References ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Mansfield (judge)
John Ronald Mansfield is an Australian jurist and former Justice of the Federal Court of Australia. He served from 1996 to 2016 and sat in the court's South Australian registry. Mansfield was educated at Saint Ignatius' College, Adelaide before graduating from the University of Adelaide with Honours in Law. He was admitted as a practitioner in 1969 and later appointed Queen's Counsel for South Australia in 1985 and for the Northern Territory in 1988. He was appointed to the Federal Court of Australia in September 1996. Mansfield has served as President of the South Australian Law Society in 1988–89, President of the Law Council of Australia from 1993–1994 and Chairman of the Legal Aid Committee for the Law Council of Australia from 1986-94. Additionally, Justice Mansfield is the Chair of the Art Gallery of South Australia Foundation, a position he has held since 2003. In the 2009 Queen's Birthday Honours Mansfield was appointed as Member of the Order of Australia ''For se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Allsop
James Leslie Bain Allsop (born April 1953) is Chief Justice of the Federal Court of Australia, in office since 1 March 2013. He was previously President of the New South Wales Court of Appeal, where he presided from 2 June 2008 to 28 February 2013. Education Allsop attended Sydney Grammar School and completed year 12 in 1970. Allsop then graduated from the University of Sydney with a Bachelor of Arts in 1974 and a Bachelor of Laws in 1980. He won the University Medal in law.Who's Who in Australia Career Allsop was admitted to the New South Wales Bar in 1981, and was appointed Senior Counsel in 1994. He was appointed Queen's Counsel in Western Australia in 1998. From 2001 to 2008, Allsop was a Justice of the Federal Court of Australia. He has also served as an additional Justice of the Supreme Court of the Australian Capital Territory (2003–08). Allsop was appointed the President of the New South Wales Court of Appeal on 2 June 2008. On 20 November 2012, Commonwealth Atto ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Senior Counsel
The title of Senior Counsel or State Counsel (post-nominal letters: SC) is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdictions that have chosen to change the title "King's Counsel" to a name without monarchical connotations, usually related to the British monarch that is no longer head of state, such that reference to the King is no longer appropriate. Examples of jurisdictions which have made the change because of the latter reason include Mauritius, Zambia, India, Hong Kong, Ireland, South Africa, Kenya, Malawi, Singapore, Guyana and Trinidad and Tobago. Jurisdictions which have retained the monarch as head of state, but have nonetheless opted for the new title include some states and territories of Australia, as well as Belize. Just as a junior counsel is " called to the uterBar", a Senior Counsel is, in some jurisdictions, said to be "called to the Inne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Competition And Consumer Commission V Baxter Healthcare
''Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd'',. (''Baxter'') was a decision of the High Court of Australia, which ruled on 29 August 2007 that Baxter Healthcare Proprietary Limited, a tenderer for various government contracts, was bound by the ''Trade Practices Act 1974'' (TPA, Australian legislation governing anti-competitive behaviour) in its trade and commerce in tendering for government contracts. More generally, the case concerned the principles of derivative governmental immunity: whether the immunity of a government from a statute extends to third parties that conduct business with the government. The High Court's judgment marked a successful appeal for the Australian Competition & Consumer Commission, the Australian regulator of anti-competitive conduct, having lost at first instance and on appeal in the Federal Court of Australia. The ACCC was again successful when the case was remitted to the Federal Court for reconsideration, ending ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
