Working with Judicial Review: The New Operation of the Takeover Panel

27 Pages Posted: 14 May 2012

See all articles by Emma Armson

Emma Armson

Faculty of Law, University of New South Wales

Date Written: April 28, 2012

Abstract

This article examines the position of the Takeovers Panel in light of the scope for judicial review of its decisions. In 2000, the role of the Panel was transformed to make it the primary forum for resolving disputes during a takeover bid. However, opportunities for judicial review have the potential to compromise this role. The first judicial review cases reinforced these concerns in invalidating two Panel decisions. Following this, the Panel’s jurisdiction was amended significantly and the High Court subsequently upheld its constitutional validity. The recent decision of the Full Court of the Federal Court in CEMEX Australia Pty Ltd v Takeovers Panel further strengthens the Panel’s position in regard to judicial review of its decisions.

Suggested Citation

Armson, Emma, Working with Judicial Review: The New Operation of the Takeover Panel (April 28, 2012). Melbourne Univeristy Law Review, Vol. 33, No. 3, 2009, UNSW Law Research Paper No. 2012-16, Available at SSRN: https://ssrn.com/abstract=2057295

Emma Armson (Contact Author)

Faculty of Law, University of New South Wales ( email )

Kensington, New South Wales 2052
Australia

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