Melbourne City Council v Telstra Corporation Limited [2020] FCAFC 200

Federal Court of Australia

Melbourne City Council v Telstra Corporation Limited [2020] FCAFC 200 Appeal from: Telstra Corporation Limited v Melbourne City Council [2020] FCA 305

File number: VID 232 of 2020 VID 234 of 2020

Judgment of: GLEESON, CHARLESWORTH, O'BRYAN JJ

Date of judgment: 20 November 2020

Catchwords: COMMUNICATIONS LAW – whether New Payphone Cabinets are "low-impact facilities" within the meaning of clause 6 of Sch 3 to the Telecommunications Act 1997 (Cth) exempt from planning laws – where Telstra sought planning approval to display commercial advertising on New Payphone Cabinets – where New Payphone Cabinets to be installed only after planning approval to display commercial advertising obtained – whether primary judge erred in concluding that the New Payphone Cabinets are "low-impact facilities" – appeal allowed with costs

Legislation: Telecommunications Act 1997 (Cth) ss 3, 7, 15, 484, Sch 3 Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth) s 6 Telecommunications (Low-impact Facilities) Determination 1997 (Cth) Telecommunications (Low-impact Facilities) Determination 2018 (Cth) s 3.1 Interpretation of Legislation Act 1984 (Vic) s 31 Planning and Environment Act 1987 (Vic) ss 6, 77, 149A

Cases cited: Ainsworth v Criminal Justice Commission [1992] HCA 10; 175 CLR 564 DBB16 v Minister for Immigration and Border Protection [2018] FCAFC 178; 260 FCR 447 Gill v Donald Humberstone & Co Ltd [1963] 1 WLR 929; [1963] 3 All ER 180 Hutchison 3G Australia Pty Ltd v City of Mitcham [2006] HCA 12; 80 ALJR 711 NBN Co Limited v Pipe Networks Pty Ltd [2015] NSWSC 475; 295 FLR 256 Nominal Defendant v GLG Australia Pty Ltd [2006] HCA 11; 228 CLR 529