Federal Court Grants Media Access to Coles Affidavit in ACCC Merger Challenge

• The Federal Court granted media access to Coles' affidavit in its judicial review challenge against an ACCC decision.
• Coles is challenging the ACCC's decision to block its proposed acquisition of a leasehold interest in Kalgoorlie, WA.
• The court found that Coles' affidavit serves the same function as a pleading under r 2.32 of the Federal Court Rules 2011.
• Non-parties may inspect the document without seeking leave, setting a potential new standard for public access to documents in judicial review proceedings.
• The decision has far-reaching implications for lawyers and litigants involved in complex regulatory matters.

The court emphasized that public access would improve understanding of the proceeding and advance open justice.

The Australian Competition and Consumer Commission (ACCC) decision to block Coles Supermarkets Australia Pty Ltd's proposed acquisition of a leasehold interest in Kalgoorlie, WA, has sparked a judicial review challenge. The regulator concluded that the proposed acquisition would likely substantially lessen competition in the relevant market. This ruling has set off a chain reaction, with Coles filing both an application for review in the Australian Competition Tribunal and judicial review proceedings in the Federal Court. In its judicial review challenge, Coles is seeking to overturn the ACCC's decision, arguing that it was unreasonable and breached procedural fairness principles.

At the heart of this dispute lies the principle of open justice. The Federal Court has recognized the importance of transparency in judicial review proceedings, particularly when complex regulatory matters are involved. In granting media access to Coles' affidavit, the court emphasized that public access would improve understanding of the proceeding and advance open justice. This decision sets a significant precedent for future cases involving similar issues.

The Federal Court's ruling has far-reaching implications for lawyers and litigants alike. The court's finding that Coles' affidavit serves the same function as a pleading under r 2.32 of the Federal Court Rules 2011 means that non-parties may inspect the document without seeking leave. This decision potentially sets a new standard for public access to documents in judicial review proceedings, which could impact future cases involving complex regulatory matters.

Lawyers should watch for this precedent setting a new standard for public access to documents in judicial review proceedings, potentially impacting future cases involving complex regulatory matters.

Source: Original reporting via Australasian Lawyer