Tobacco Institute of Australia Limited v. Anti-Cancer Council of Victoria
The Tobacco Institute of Australia brought proceedings against the Anti-Cancer Council of Victoria alleging that a report it had published entitled "Health Warnings and Contents Labelling on Tobacco Products" was misleading and deceptive in contravention of the Trade Practices Act 1974.
The Anti-Cancer Council argued that the report fell within an exception in the Act for prescribed publications. It successfully applied for an order from a Master of the Court that this issue be tried first as a preliminary issue.
The Tobacco Institute appealed from the Master's decision. In this decision, the Court overturned the Master's decision, holding that the issue of whether the report fell within an exception in the Act should be heard together with the substantive proceedings.