Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 851 of 1997
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
Applicant
AND: THE NEWS CORPORATION LIMITED
First Respondent
TELSTRA CORPORATION LIMITED
Second Respondent
AUSTRALIS MEDIA LIMITED
Third Respondent
JUDGE(S): HILL J
DATE OF ORDER: 31 OCTOBER 1997
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The affidavits and those parts of the affidavits referred to in the schedule attached and marked "A" ("affidavits confidential to solicitors") be disclosed by Patricia Henry, Roger Featherston, Ian Pike, Yoland Chora and Rebecca Irwin ("Solicitors for Telstra") only to the solicitors for the respondents who have signed confidentiality undertakings and to counsel for the respondents ("respondents' solicitors and counsel"). 2. The affidavits and those parts of the affidavits referred to in the schedule attached and marked "B" ("confidential affidavits") be disclosed by the Solicitors for Telstra only to (a) Bruce Akhurst, General Counsel, Telstra Corporation Limited; (b) Moya Dodd, General Counsel, Telstra Multimedia Pty Limited; (c) any other person approved in writing by the solicitor for the applicant and, if necessary, the solicitors for the respondents; (collectively ("Telstra Representatives")) and upon the Telstra Representatives signing a confidentiality undertaking in the form or a form substantially similar to the undertaking attached and marked "D"; and (d) the respondents' solicitors and counsel. 3. The Solicitors for Telstra and Telstra Representatives be entitled to disclose the affidavits and/or parts of the affidavits referred to in the schedule attached and marked "C" ("non-confidential affidavits"), being the affidavits that have not yet been read in these proceedings and are not subject to confidentiality orders, to the Australian Due Diligence Committee and the Due Diligence Oversight Committee for the Telstra Corporation Limited Share Sale. 4. Second respondent to pay 50% of the costs of Optus Communications Pty Ltd and any other Optus company for which Mr R V Gyles QC and Mr D M Yates SC act. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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