Federal Court of Australia

Qualifications

LLB

B Juris

Links

List A Barristers

Qualifications

• LLB (1970)

• B.Juris

• Admitted to practice (1971)

• Signed bar roll (1975)

• Took silk (1986)

Honours/Awards

Relevant work history

• 2011-current: private practice

• 2011-2012 - Chair, Independent Inquiry into Aspects of the Media

• 1997 - 1 July 2011: Judge, Federal Court of Australia (Melbourne)
  (appointed 21 July 1997)

• 2011 - President, Australian Competition Tribunal (Deputy President 2008-10)

• Deputy President, Copyright Tribunal of Australia

• 1992 - Acting Solicitor General for the State of Victoria

• 1986 - appointed Queen's Counsel

• 1975 - called to the bar

• 1971-1975 - Solicitor in Melbourne and tutor at Monash University

Academic (former)

• Senior Fellow, Melbourne Law Masters

• 2011 - Adjunct Professor, Monash University Faculty of Law

• Tutor at Monash University

Relevant judgments

• ACCC v Cabcharge [2010] FCA 1261
  Admitted conduct - s 46 contravention - penalties imposed and reasons for accepting agreed penalties

• In the matter of Fortescue Metals Group Ltd [2010] ACompT 2
  Access case

• ACCC v Black & White Cabs [2010] FCA 1399
  Exclusive dealing - admitted conduct

• BHP Billiton Iron Ore Pty Ltd v NCC [2007] FCAFC 157

• Australian Competition & Consumer Commission v Boral Ltd (Includes Corrigendum dated 29 March 2001) [2001] FCA 30 (27 February 2001)
  Full Federal Court decision; misuse of market power

• Melway Publishing Pty Ltd v Robert Hicks Pty Ltd (2001) 205 CLR 1
  Misuse of market power
  (Full Federal Court - majority (held breach of s 46; overturned on appeal to HC)

Cases as counsel

• ACCC v Mobil Oil Australia Ltd (1997) ATPR 41–568 
  (for The Shell Company of Australia Ltd)

Publications

Justice Ray Finkelstein, 'Crimes and punishments of competition law' (2011) 18 Competition and Consumer Law Journal 207

Submissions to inquires

Senate Economics Committee, Trade Practices Amendment (Infrastructure Access) Bill 2009, Submission No 3
Bill to amends the National Access Regime in relation to: binding time limits and limited merits review; applications by certain persons that a certain service is ineligible to be a declared service; enabling the ACCC to accept access undertakings with fixed principles that will apply to subsequent undertakings; enabling the ACCC to issue an amendment notice proposing amendments to a proposed access undertaking submitted by a service provider; administrative processes of the NCC and the ACT; and consequential amendments. Bill passed with amendments in 2010