The ACCC's standing to commence representative proceedings under Part IVA where its only claim is statutory standing to seek public interest relief is doubtful, though not clearly wrong. Section 80(6) of the Trade Practices Act, which exempts the ACCC from undertakings as to damages for interim injunctions, does not extend to Mareva injunctions, which derive their power from s 23 of the FCA Act rather than s 80(2). The Crown immunity from undertakings as to damages does not apply where Mareva relief is sought in aid of private rights of individuals rather than in enforcement of public law. The availability of the alternative representative procedure under ss 87(1A) and (1B) of the Trade Practices Act is a relevant discretionary factor under s 33N.
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