Telecasters North Queensland Ltd. & Anor v Australian Broadcasting Tribunal [1988] FCA 456

CATCHWORDS

ADMINISTRATIVE LAW - inquiry into requested exercise of non-existent power - whether should be restrained ~ sources of jurisdiction to determine legality of inquiry - joinder of interested parties - whether interlocutory relief available.

BROADCASTING — remote licence - whether Tribunal may force introduction of new consortium member - power to require presentation of implementation plan - power to vary

conditions of licence.

Federal Court Rules, 0.54, r.5(b)

Judiciary Act 1903, 39B Administrative Decisions (Judicial Review) Act 1977, ss.12, 16 Broadcasting Act 1942, ss.17, I7A, 17B, I7C, 85, 89A, 92V

Telecasters North Queensland Limited & Anor v. Australian Broadcasting Tribunal Qld G298 of 1988

PINCUS J. BRISBANE T8 AUGUST 1988

ERAL COURT OF FED AUSTRALIA

INCIPAL eaISTRY

JUDGMENT No. 43.0.9.£3:..

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° IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G298 of 1988 GENERAL DIVISION )

BETWEEN: TELECASTERS NORTH QUEENSLAND LIMITED

First Applicant

AND: FAR NORTHERN TELEVISION LIMITED

Second Applicant

AND: AUSTRALIAN BROADCASTING TRIBUNAL

Respondent MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 18 AUGUST 1988 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1.

NOTE:

the respondent be enjoined until the trial of this application or further earlier order from proceeding with the inquiry the subject of these proceedings so far as it relates to the orders sought under ss.17 and 92v of the Broadcasting Act 1942, which orders are set out in Section TIT) of the Notice of Inquiry published in the Gazette of 18 May 1988;

the applicants serve forthwith by post on Brian Walsh of Brian Walsh and Associates Pty Ltd a copy of this order and these reasons;

the application for interlocutory relief be otherwise dismissed;

the principal application be adjourned to a date to be fixed, for directions, if any are desired.