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Article: The Baxter Healthcare Decision - The Future Of Derivative Crown Immunity.(Australia. Federal Court of Australia)(Baxter Healthcare Proprietary Ltd.)
- Article from:
- Mondaq Business Briefing
- Article date:
- October 7, 2006
CopyrightCOPYRIGHT 2006 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The Full Federal Court's recent appeal decision in ACCC v Baxter Healthcare Pty Ltd [2006] FCAFC 28 has implications for businesses dealing with government entities and for the general derivative Crown immunity doctrine. This update discusses the issues raised as a result of this appeal for businesses dealing with government entities and evaluating whether their conduct may be subject to the Trade Practices Act 1974 (Cth) (Act).
On 24 August 2006, the Full Federal Court affirmed the doctrine of derivative Crown immunity, under which businesses contracting with the Crown benefit from Crown immunity from Part IV of the Act.
The Full Federal Court dismissed ...