Western Television Ltd v Australian Broadcasting Tribunal & Anor [1986] FCA 403

A403

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G364 of 1986 GENERAL DIVISION

BETWEEN:

WESTERN TELEVISION LIMITED Applicant

AND:

AUSTRALIAN BROADCASTING TRIBUNAL

First Respondents AND:

WEST COAST TELECASTERS LTD

Second Respondent

CORAM Evatt J.

PLACE Sydney

DATE 39 September 1986

MINUTE OF ORDER

URINE e -CL Ee, ne eM e

THE COURT DIRECTS THAT:

1. The proceeding herein be conducted or continued at Perth.

Orders accordingly.

2. Costs of the motion dated 3 September 1986 and filed on 4

September 1986 are to be costs in the cause.

NOTE: Settlement and entry of orders is dealt with ~sTrOrder 36 of the Federal Court Rules.

17 Sir sod

FEEDER. . RT OF AU. WIA

PR . PAL Heu stAY

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G364 of 1986 GENERAL DIVISION

BETWEEN :

WESTERN TELEVISION LIMITED Applicant

AND:

AUSTRALIAN BROADCASTING TRIBUNAL

First Respondent

AND:

WEST COAST TELECASTERS LTD

second Respondent

CORAM Evatt J.

PLACE Sydney

1A CA AOE ERSTE OO NERC EAS ICSCEITRIRSAEAT ren SYN OR FU Oe ne Te SR RN ct oe a ee

DATE 17 September 1986

REASONS FOR JUDGMENT

On 30 July 1986 the Australian Broadcasting Tribunal (the Tribunal) handed down its decision and Report in relation to the grant of a licence for a commercial television station to serve the Perth metropolitan television area. Such decision and Report followed an inquiry commenced in 1984 following a Notice from the

then Minister for Communications dated 7 May 1984.

ts

Following procedural hearings in December 1984 in Perth the substantive inquiry commenced on 5 February 1985 and continued from time to time until its completion on 20 March 1986, a total of 117 sitting days being involved. All hearing days were conducted in Perth. Leave to appear before the inquiry was granted to several parties, the nature of the interest claimed by and the extent of the participation granted to each of those parties being set out inthe Tribunal's Report - Volume II, Appendix G, pp G16/17. A perusal of that document shows that the bulk of the legal representatives, both Barristers and Solicitors were Perth practitioners. During the course of the inquiry 15 separate applications were made to the Federal Court challenging various rulings made by the Tribunal. Summaries of those applications are contained in Volume II, Appendix H of the Report. Each of these applications were heard in Perth. It is stated that the transcript of all proceedings cover some 13,000 en Sn ht ne By application dated 26 August 1986, Western Television Limited, an unsuccessful applicant for the grant of the said licence, sought a review of the said decision of the Tribunal pursuant to the Administrative Decisions (Judicial Review) Act 1977. That application was lodged in the Sydney Registry and made returnable for directions on 18 September 1986 at the Federal Court, Law Courts Building, Queens Square, Sydney. Accordingly, pursuant to