Telstra Corporation Limited v Minister for Broadband, Communications and the Digital Economy [2008] FCAFC 7

FEDERAL COURT OF AUSTRALIA

Telstra Corporation Limited v Minister for Broadband, Communications and the Digital Economy [2008] FCAFC 7 APPEALS – consent orders – order allowing appeal by consent – whether demonstrated error by primary judge condition of power to allow appeal – effect of agreement by legally represented parties – appeal by way of rehearing – need to demonstrate error PRACTICE AND PROCEDURE – preliminary discovery – consent orders – whether within power and appropriate – conditions of exercise of power to order preliminary discovery – production of documents relating to application for substantial funding for establishment of broadband network to regional and under-served areas of Australia – whether arguably infected by want of procedural fairness – nature of relief sought – legal and factual uncertainties – effect of agreement between parties – consent order made Federal Court of Australia Act 1976 (Cth) s 25(2B), s 27, s 28 Federal Court Rules 1979 (Cth) O 15A

Allesch v Maunz (2000) 203 CLR 172 cited Alphapharm Pty Ltd v Eli Lilly Australia Pty Ltd [1996] FCA 391 cited Austrac Operations Pty Ltd v New South Wales (2003) ATPR 41-960 cited Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc (1999) 161 ALR 79 cited Barnett v Minister of Housing and Aged Care (1991) 31 FCR 400 cited CDJ v VAJ (1998) 197 CLR 172 cited Century Metals and Mining NL v Yeomans (1989) 40 FCR 564 cited C7 Pty Ltd v Foxtel Management Pty Ltd [2001] FCA 1864 cited East Grace Corporation v Xing (No 2) [2005] FCA 1266 cited Ex-Christmas Islanders Assn Inc v Attorney-General (Cth) (20005) 149 FCR 170 cited Glencore International AG v Selwyn Mines Ltd (recs and mgrs apptd) (2005) 223 ALR 238 cited Hooper v Kirella Pty Ltd (1999) 96 FCR 1 cited Matrix Film Investment One Pty Limited v Alameda Films LLC [2006] FCA 591 cited Minister for Immigration & Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 cited Minister for Immigration and Multicultural and Indigenous Affairs v Kwan [2002] FCAFC 380 cited Moses v Western Australia(2007) 160 FCR 148 cited Optiver Australia Pty Ltd v Tibra Trading Pty Ltd [2007] FCA 2065 cited Re Coldham; Ex parte Brideson (No 2) (1990) 170 CLR 267 cited St George Bank Ltd v Rabo Australia Ltd (2004) 211 ALR 147 cited Telstra Corporation Limited v Minister for Communications, Information Technology and the Arts (No 3) [2007] FCA 1567 cited Thomson Australian Holdings Pty Ltd v Trade Practices Commission (1981) 148 CLR 150 cited VTAG v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 141 FCR 291 cited TELSTRA CORPORATION LIMITED ABN 33 051 775 556 v MINISTER FOR BROADBAND, COMMUNICATIONS AND THE DIGITAL ECONOMY AND COMMONWEALTH OF AUSTRALIA NSD 2069 OF 2007