APL v Alinta: Government will appeal Takeovers Panel jurisdiction decision

The Treasurer and the Attorney-General have announced that the Government will apply to the High Court for special leave to appeal the decision of the Full Federal Court in APL v Alinta.

The Court, by majority, held that section 657A(2)(b) of the Corporations Act 2001 is invalid on the ground that it confers judicial power upon the Takeovers Panel contrary to the Australian Constitution.

UPDATE 25 June 2007: special leave granted

UPDATE 14 December 2007: appeal allowed