Seven Cable Televsion Pty Ltd v Telstra Corp Ltd [2000] FCA 350

FEDERAL COURT OF AUSTRALIA

Seven Cable Television Pty Ltd v Telstra Corp Ltd [2000]

FCA 350 CONTRACT – formation – whether parties had reached agreement on essential terms – parties negotiating a complex broadcasting contract – whether uncertainty of terms renders agreement unenforceable – whether uncertainty of terms indicates parties had not reached agreement – alleged contract executed on date parties commenced broadcasting business – parties continued negotiations regarding terms of business – parties later executed a contract covering the same subject matter bit on different terms CONTRACT – variation – where two contracts deal with the same subject matter – whether later contract varies the earlier contract – whether rights under the earlier contract survive execution of the later contract – effect of drafting provisions as to intent and operation of the agreement MEDIA LAW – telecommunications and broadcasting – access regime created by Part XIC of Trade Practices Act 1974 – s 152AR(4)(d) creates an exception to the access regime where granting access would deprive a person of a "protected contractual right" – policy objectives of the legislation – "protected contractual right" whether term should be given a strict interpretation – section aims to protect the substance of the right – the same right may exist under different contracts at different times TRADE PRACTICES – telecommunications – access regime created by part XIC of Trade Practices Act 1974 – s 152AR(4)(d) creates an exception to that access regime where granting access would deprive a person of a "protected contractual right" – policy objectives of the legislation – "protected contractual right" whether term should be given a strict interpretation – section aims to protect the substance of the right – the same right may exist under different contracts at different times