Application for declaration of shipping channel services at the Port of Newcastle (Outcome & subsequent events)

On 29 January 2016 Glencore Coal Pty Limited applied to the Australian Competition Tribunal for a review of the Acting Treasurer's decision not to declare the shipping channel service at the Port of Newcastle. On 31 May 2016 the Tribunal decided the service should be declared. On 16 June 2016 the Tribunal made orders giving effect to that decision. The Tribunal’s reasons for its decision and final orders are at the links below.

On 14 July 2016, Port of Newcastle Operations Pty Ltd applied to the Federal Court of Australia for judicial review of the Tribunal’s decision. 

The application was heard on 28 and 29 November 2016. On 16 August 2017 the Federal Court handed down its judgment in the matter, deciding to dismiss the application for judicial review: Port of Newcastle Operations Pty Ltd v Australian Competition Tribunal [2017] FCAFC 124.

On 12 September 2017, Port of Newcastle Operations Pty Ltd applied for special leave to appeal the Full Court’s decision to the High Court of Australia. The application was dismissed by the High Court on 23 March 2018.

The Full Federal Court's orders and reasons and the transcript of the High Court hearing are available at the links below.


Tribunal’s statement of reasons, 31 May 2016

Tribunal's further decision and final orders, 16 June 2016 

Federal Court's orders and reasons, 16 August 2017

Transcript of the High Court hearing, 23 March 2018