Rural Press Ltd v Australian Competition & Consumer Commission

(2002) 191 ALR 1; [2002] FCAFC 310

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Costs on appeal
4. › Both parties partially successful
5. › Apportionment of costs
6. › Whether appropriate to dissect time on specific issues
1. Practice and Procedure
2. › Costs
3. › Costs at first instance
4. › Whether appellate court should disturb trial judge's costs order
5. › Partial success on appeal on distinct causes of action
6. › Whether offer of compromise made continuation of proceedings unreasonable
1. Practice and Procedure
2. › Judgments and orders
3. › Amendment of orders on appeal
4. › Power to vary orders in favour of respondent who has not appealed
5. › Federal Court of Australia Act 1976 (Cth), s 28(3)
1. Competition Law
2. › Anti-competitive agreements
3. › Arrangements substantially lessening competition
4. › Declarations and injunctions
5. › Trade Practices Act 1974 (Cth), ss 45(2)(a)(ii), 45(2)(b)(ii)

Quick Take

Section 28(3) of the Federal Court of Australia Act 1976 (Cth) authorises the Full Court to vary orders in favour of respondents who have not appealed, where doing so gives effect to the law as determined on appeal. Where both parties have partial success on appeal, the court will not precisely dissect time on specific issues but will make a broad allowance in costs. A trial judge's costs order will not be disturbed on appeal where the evidence at trial was relevant to all causes of action, even though some causes of action were set aside on appeal.