Australian Consumer & Competition Commission v Telstra Corp Ltd [2000] FCA 28

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Telstra Corporation Ltd [2000] FCA 28

PRACTICE AND PROCEDURE – motion for leave to use statements filed in Court proceeding but not yet read, in proceeding in the Administrative Appeals Tribunal – whether lawyer client privilege attached to the statements – whether, as a matter of discretion, moving party should be released from its implied undertaking not to use such documents for any purpose other than those of present proceeding. Trade Practices Act 1974 (Cth) Part XIB Harman v Secretary of State for the Home Department [1983] AC 280, cited Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1992) 38 FCR 217, cited Nilsen Industrial Electronics Pty Ltd v National Semiconductor Corporation (1994) 48 FCR 337, cited Complete Technology Pty Ltd v Toshiba (Australia) Pty Ltd (1994) 53 FCR 125, cited State Bank of South Australia v Smoothdale (No 2) Ltd (1995) 64 SASR 224, cited Abigroup Ltd v Akins (1997) 42 NSWLR 623, cited AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v TELSTRA CORPORATION LIMITED

NG 1438 of 1998 N 355 of 1999 LINDGREN J 14 JANUARY 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1438 OF 1998

N 355 OF 1999

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: TELSTRA CORPORATION LIMITED

Respondent

JUDGE: LINDGREN J

DATE OF ORDER: 14 JANUARY 2000

WHERE MADE: SYDNEY

BY CONSENT THE COURT ORDERS THAT:

1. The respondent through its servants, officers and representatives, including its legal representatives, be permitted to use the pleadings filed in these proceedings, in proceedings instituted by the respondent against the applicant in the Administrative Appeals Tribunal, General Administrative Division, Canberra Registry, entitled Telstra Corporation Limited v Australian Competition and Consumer Commission (No A99/109).