Unconscionable conduct (agrees with NFF that they have not provided protection and support reforms «to provide transparency in the supply chain» and recognise that «certain classes
of suppliers... are predisposed to suffering from a special disadvantage...»; misuse
of market power (legal framework must «level the balance
of market power in negotiations...», «ensure transparency in the transmission
of market prices» and «not allow for
final market risks to be borne by the primary producer» and provide «transparency
of contract processes» - specifically, Canegrowers supports effects test and a process giving ACCC greater power to «regulate anti-competitive behaviour and impose penalties», shifting «the decisions framework from the judicial system to a regulatory system» which would make it more accessible to small producers); collective bargaining (notes limits
of Sugar Industry Act (Qld); authorisation and notification approval costly and limited and not a viable alternative - peak bodies should be able to «commence and progress collective bargaining with mills on behalf
of their members» and current threshold too restrictive)» competitive neutrality (mixed
outcomes - perverse
outcomes in the case
of natural monopolies - suggest remove «
application of competitive neutrality provisions to natural monopoly essential services»)
But the Supreme Court, in making a determination on a similar
application filed by Woyome for stay
of proceedings pending the
final outcome of the case before the African Court, argued that there was no real factual and legal basis for it to share its powers and jurisdiction with any other court, and so it can not be compelled to halt the ongoing proceedings.
But if the court is aware
of bankruptcy proceedings between interim and
final orders then it should adjourn the
application for a
final order to await the
outcome of the bankruptcy proceedings.
The court procedure in Financial Remedy
applications means that approximately 90 %
of all cases settle at the Financial Dispute Resolution hearing, which is akin to in - court mediation, rather than go to a
final hearing when a judge determines the
outcome.