Federal Court of Australia
CATCHWORDS
Administrative Law - Australian Broadcasting Tribunal
- Regulation as to foreign content of advertising -
Saatchi's Case - position of a regulation declared
ultra vires, when that declaration is the subject of
an appeal
YOUNG & RUBICAN COWDREY PTY. LIMITED v AUSTRALIAN
BROADCASTING TRIBUNAL
No. G 25 of 1985
Morling J.
8 February 1985
Sydney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 25 of 1985
GENERAL DIVISION
BETWEEN : YOUNG & RUBICAN COWDREY Pry. LIMITED Applicant AND: AUSTRALIAN BROADCASTING TRIBUNAL Respondent ORDER JUDGE MAKING ORDER : Morling J. DATE OF ORDER : 8 February 1985 WHERE MADE : Sydney
THE COURT ORDERS AS FOLLOWS :
1. Application for interlocutory relief dismissed.
IN THE FEDERAL COURT OF AUSTRALTA
NEW SOUTH WALES DISTRICT REGISTRY No. G 25 of 1985
GENERAL DIVISION
BETWEEN: YOUNG & RUBICAN COWDREY PTV. LIMITED. ~—
Applicant
AND: AUSTRALIAN BROADCASTING TRIBUNAL
Respondent
MORLING J. . . : 8 February 1985
REASONS FOR JUDGMENT
The applicant seeks interlocutory orders against the Australian Broadcasting Tribunal for the purpose of, in effect, restraining the Tribunal from seeking to prevent the broad- casting by television stations of an advertisement for Volvo moter vehicles. The applicant carries on business as an advertising agent and Volvo (Australia) Pty. Limited is one of its clients. On behalf of Volvo it has produced a television commercial which is to be used in an Australia wide campaign for the promotion of its vehicles. It is intended that the first commercial should be telecast on the evening of Sunday, 10 February next. As I understand the evidence the proposal is that the commercial should be screened on television.stations
in all mainland capital cities.
2.
The relevant commercial contains more than 20% overseas content. It is the Tribunal's view that such an advertisement does not comply with standards that have been determined by it in relation to the broadcasting or televising of commercials. The licensee of a television station is
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