Telstra Corporation Limited v The Commonwealth

Constitutional law (Cth) – Limitations on legislative powers - Acquisition of property on just terms - Declaration by the Australian Competition and Consumer Commission ("the Commission") that certain telecommunications services were "declared services" for the purposes of the Trade Practices Act 1974 (Cth) ("the Act") - The plaintiff owned the infrastructure needed to provide the declared services - Requirement in s 152AR of the Act that other service providers be given access to the plaintiff's infrastructure for the purpose of providing the declared services in direct competition with the plaintiff - Further requirement in s 152AY of the Act that access to infrastructure be given on terms and conditions agreed between the plaintiff and the access seeker or, in the absence of such agreement, pursuant to one of two alternative methods that relied upon the approval or determination of the Commission (with the Australian Competition Tribunal exercising review powers) - Whether the Commission's declaration and the subsequent obligation on the plaintiff to make its infrastructure available to its competitors effected an acquisition of property other than on just terms.

Communications law – Telecommunications services - Infrastructure to provide declared services - Requirement that other service providers be given access to plaintiff's infrastructure for the purpose of providing declared services in direct competition with the plaintiff - Whether obligation to provide access effected an acquisition of property other than on just terms.

Constitution – s 51(xxxi).

Trade Practices Act 1974 (Cth) – Pt XIC.