Judicial Profiles
The Hon Raymond Antony Finkelstein QC
Judge, Federal Court of Australia (Melbourne) (1997-2011)
Qualifications | Work History | Other positions held | Relevant judgments | Relevant speeches and publications | Submissions to inquiries
Relevant qualifications
- LLB (1970)
- B.Juris
- Admitted to practice (1971)
- Signed bar roll (1975)
- Took silk (1986)
Relevant work history
- 2011-current: private practice
- 1997 - 1 July 2011: Judge, Federal Court of Australia (Melbourne) (appointed 21 July 1997)
- 1992 - Acting Solicitor General for the State of Victoria
- 1986 - appointed Queen's Counsel
- 1975 - called to the bar
- 1971-1975 - Solicitor in Melbourne and tutor at Monash University
Other positions held
- 2008 - 2011: Australian Competition Tribunal - President
- Australian Competition Tribunal - Deputy President
- Copyright Tribunal of Australia - Deputy President
- Chair, Independent Inquiry into Aspects of the Media (2011-2012)
Academic positions
- Senior Fellow, Melbourne Law Masters
- Adjunct Professor, Monash University Faculty of Law
Relevant judgments
- ACCC v Cabcharge [2010] FCA 1261
Admitted conduct - s 46 contravention - penalties imposed and reasons for accepting agreed penalties
- ACCC v Black & White Cabs [2010] FCA 1399
Exclusive dealing - admitted conduct
- Australian Competition & Consumer Commission v Boral Ltd (Includes Corrigendum dated 29 March 2001) [2001] FCA 30 (27 February 2001)
Full Federal Court decision; misuse of market power
- Melway Publishing Pty Ltd v Robert Hicks Pty Ltd
(2001) 205 CLR 1
Misuse of market power (Full Federal Court - majority (held breach of s 46; overturned on appeal to HC)
As counsel
- ACCC v Mobil Oil Australia Ltd (1997) ATPR 41–568 (for The Shell Company of Australia Ltd)
Relevant speeches and publications
- Justice Ray Finkelstein, 'Crimes and punishments of competition law' (2011) 18 Competition and Consumer Law Journal 207
Submissions to inquiries
- Senate Economics Committee, Trade Practices Amendment (Infrastructure Access) Bill 2009, Submission No 3
Bill to amends the National Access Regime in relation to: binding time limits and limited merits review; applications by certain persons that a certain service is ineligible to be a declared service; enabling the ACCC to accept access undertakings with fixed principles that will apply to subsequent undertakings; enabling the ACCC to issue an amendment notice proposing amendments to a proposed access undertaking submitted by a service provider; administrative processes of the NCC and the ACT; and consequential amendments. Bill passed with amendments in 2010