TCN Channel Nine Pty Ltd v Australian Broadcasting Authority [2002] FCA 896

FEDERAL COURT OF AUSTRALIA

TCN Channel Nine Pty Ltd v Australian Broadcasting Authority [2002] FCA 896 TCN CHANNEL NINE PTY LTD & ORS v AUSTRALIAN BROADCASTING AUTHORITY N 95 OF 2002 EMMETT J SYDNEY 18 JULY 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N95 OF 2002

BETWEEN: TCN CHANNEL NINE PTY LIMITED

ACN 001 549 560

FIRST APPLICANT

QUEENSLAND TELEVISION LIMITED

ACN 009 674 373

SECOND APPLICANT

CHANNEL 9 SOUTH AUSTRALIA PTY LTD

THIRD APPLICANT

AND: AUSTRALIAN BROADCASTING AUTHORITY

ABN 16 097 897 479

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 18 JULY 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. the application be dismissed; and 1. the applicants pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N95 OF 2002

BETWEEN: TCN CHANNEL NINE PTY LIMITED

ACN 001 549 560

FIRST APPLICANT

QUEENSLAND TELEVISION LIMITED

ACN 009 674 373

SECOND APPLICANT

CHANNEL 9 SOUTH AUSTRALIA PTY LTD

THIRD APPLICANT

AND: AUSTRALIAN BROADCASTING AUTHORITY

ABN 16 097 897 479

RESPONDENT

JUDGE: EMMETT J

DATE: 18 JULY 2002

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The applicants are the licensees in respect of commercial television licences issued under the Broadcasting Services Act 1992 (Cth)("the Broadcasting Act"). On 29 November 2001, the respondent, Australian Broadcasting Authority ("the Authority") determined that each of the applicants had breached a licence condition of its commercial television licence. By application for an order of review filed on 8 February 2002, as amended on 17 July 2002, the applicants seek orders setting aside the Authority's decision comprising that determination and remitting the matter to the Authority for further consideration according to law.