Statutes – Construction – Whether ss 51AB, 52 and 74 of the Trade Practices Act 1974 (Cth) apply to the State of New South Wales – Whether State of New South Wales a "person" within the meaning of ss 6(3) and 75B(1) of the Trade Practices Act 1974 (Cth) – Rule of construction embodied in maxim expressio unius est exclusio alterius – Whether s 64 of Judiciary Act 1903 (Cth) operates to apply ss 6(3) and 75B(1) of the Trade Practices Act 1974 (Cth) to the State of New South Wales – Whether s 5(2) of the Crown Proceedings Act 1988 (NSW) operates to apply ss 6(3) and 75B(1) of the Trade Practices Act 1974 (Cth) to the State of New South Wales.
Practice and procedure – Preliminary questions of mixed fact and law – Judicial power – Purpose of judicial determinations – Refusal of courts to give advisory opinions or answer hypothetical questions – Distinction between declaratory judgments and advisory opinions – Distinction between demurrers and advisory opinions – Need to identify all essential facts.
Practice and procedure – Costs – Whether applicants in Federal Court proceedings entitled to rely on protection against liability for costs contained in s 47 of Legal Aid Commission Act 1979 (NSW).
Words and phrases – "corporation" – "person".
Acts Interpretation Act 1901 (Cth), s 22(1).
Judiciary Act 1903 (Cth), ss 64, 79.
Trade Practices Act 1974 (Cth), ss 2A, 2B, 2C, 6(3), 51AB, 52, 74, 75B(1).
Legal Aid Commission Act 1979 (NSW), s 47.
Fair Trading Act 1987 (NSW).
Crown Proceedings Act 1988 (NSW), s 5(2).