AUSTRALIA Law and Practice Contributed by: Elizabeth Avery, Simon Muys, Jacqueline Reid and Owen Fischbein, Gilbert + Tobin
findings of fact that are not supportable by the evi - dence). Decisions of the Full Federal Court can be appealed to the High Court of Australia, with special leave. The High Court is Australia’s highest court. The High Court will only hear cases of significant importance, such as on new points of law, to resolve questions of law decided inconsistently by lower courts, or on matters of public importance. In criminal cases, appeals must only involve questions of law, unless leave is granted, which occurs in very limited circumstances. 13. Looking Forward 13.1 Legislative Trends and Other Developments The ACCC commences most competition cases in Australia. The number of private enforcement actions has been increasing, particularly with respect to claims brought under the misuse of market power (dominance) provi - sions, which were amended in November 2017.
While some private actions follow on from ACCC pro - ceedings, this is not always the case. The ACCC (as investigating body) and the CDPP (as prosecuting body) have experienced some significant setbacks in successfully prosecuting criminal cartels where liability has been contested. In mid-2021, in the first-ever criminal cartel jury trial, Australian mobility aid company Country Care and two individuals were acquitted of all charges following a lengthy 12-week trial and only four hours of deliberations. The CDPP then withdrew all remaining criminal charges against the Construction, Forestry, Maritime, Mining and Ener - gy Union and a union official in August 2021 and in the high-profile bank cartel case in February 2022, the latter having been on foot since mid-2018. These cases prompted calls to improve the drafting of the cartel provisions, which have been described as “devilishly complex and labyrinthine” – but there are no current proposed reforms.
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