https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2002/2002fca0385

Telstra Corporation Ltd v Hurstville City Council [2002] FCAFC 92 Telstra Corporation Ltd v Hurstville City Council [2002] FCA 385

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.

* All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.

* All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Telstra Corporation Ltd v Hurstville City Council [2002] FCA 385 CONSTITUTIONAL LAW ‑ Local government charges and rates imposed on cables owned by telecommunications carriers ‑ Various entities excepted from liability ‑ Commonwealth law that law of a State has no effect "to the extent to which the law discriminates or would have the effect of discriminating against" telecommunications carriers ‑ Extent of immunity conferred by Commonwealth law ‑ Meaning of discriminates ‑ Whether State laws discriminate ‑ Whether Commonwealth law effective to exclude State laws authorising imposition of rates and charges ‑ Validity of Commonwealth law ‑ Whether Commonwealth law inconsistent with State law. ADMINISTRATIVE LAW ‑ Local government charges and rates imposed on cables owned by telecommunications carriers ‑ Overhead cables ‑ Whether decision to make charges and declare rates invalidated by purpose of enticing carriers to place cables underground. LOCAL GOVERNMENT (VICTORIA) ‑ Rates on land ‑ Whether municipal councils have a discretion to rate land or particular land.