by Tran Nguyen
A case note is a critical analysis of a single court decision. Click here to lear how to write good case notes.
Question: Prepare a case note on the decision of the Federal Court in Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd  FCA 794.
In preparing a casenote you need to address the following:
- Outline the nature of the proceedings.
- What provisions of the previous Trade Practices Act 1974 were at issue and which provisions of the current Competition and Consumer Act 2010 (the Act) would likely to have been at issue?
- Discuss the ACCC’s reliance on circumstantial evidence?
- Analyse the principal findings of the Court and the implications for business.
- What construction did Gray J place on relevant legislative provisions?
- Discuss any reforms/amendments to the Act that have been proposed or implemented as a result of the principal findings in this and related cases.
Answer: (1.426 words)