Seven Network Limited v Australian Competition and Consumer Commission [2004] FCA 885

FEDERAL COURT OF AUSTRALIA

Seven Network Limited v Australian Competition and Consumer Commission [2004] FCA 885

TRADE PRACTICES – notice to provide information – whether notice must be addressed to someone suspected of contravening the Act – whether matters alleged are capable of constituting contraventions of the Act – whether prescribed publication of matter by a prescribed information provider – whether mere identity of possible witness sought ‑ Trade Practices Act 1974 (Cth), s 155 and s 65A MEDIA LAW – broadcasting services – where network broadcast statements of another – whether network made the representations – whether publication of an advertisement or publication in connection with the possible supply of goods or services – Trade Practices Act 1974 (Cth), s 65A

Trade Practices Act 1974 (Cth) s 6, s 52, s 65, s 155

Pyneboard Pty Ltd v Trade Practices Commission (1982) 57 FLR 368 cited Riley McKay Pty Limited v Bannerman (1977) 15 ALR 561 considered SA Brewing Holdings Ltd v Baxt (1989) 23 FCR 357 cited Universal Telecasters (Qld) Ltd v Guthrie (1978) 32 FLR 360 applied WA Pines Pty Ltd v Bannerman (1980) 41 FLR 175 considered SEVEN NETWORK LIMITED ACN 052 816 789 v AUSTRALIAN COMPETITION AND CONSUMER COMMISSION N 502 of 2004 BRANSON J 9 JULY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 502 of 2004

BETWEEN: SEVEN NETWORK LIMITED ACN 052 816 789

APPLICANT

AND: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 9 JULY 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed 2. The applicant pay the respondent's costs.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 502 of 2004

BETWEEN: SEVEN NETWORK LIMITED ACN 052 816 789