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Judicial Profiles

The Hon Justice Francis Fisher

Federal Court of Australia (6 March 1978 - 31 July 1989)

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Relevant judgments

  • Outboard Marine Pty Ltd v Hecar Investments (No 6) Pty Ltd (1982) ATPR 40–327
    Exclusive dealing (appellate judge - appeal allowed)
    • [Bowen CJ and Fisher J at 43,983 ATPR] '... "competition" for the purposes of s.47(10) must be read as referring to a process or state of affairs in the market. In considering the state of competition a detailed evaluation of the market structure seems to be required. In the Dandy Case Smithers J. regarded as necessary an assessment of the nature and extent of the market, the probable nature and extent of competition which would exist therein but for the conduct in question, the operation of the market and the extent of the contemplated lessening' (read more extracts from Justice Fisher reasons)
  • More forthcoming