Telstra Corporation Limited v Australian Competition and Consumer Commission [2006] FCA 737

FEDERAL COURT OF AUSTRALIA

Telstra Corporation Limited v Australian Competition and Consumer Commission [2006] FCA 737 PRACTICE & PROCEDURE – notices under s151AKA Trade Practices Act – discovery sought of internal documents on which decisions to issue notices based – allegations of deficiencies in notices and statutory procedures – determined by construction of notices and statute – allegations that Commission could not have considered material – not require discovery of material on which decision based – allegation that Commission did not consider material – no factual basis – alleged denial of procedural fairness as pleaded not give right to documents – discovery not ordered Trade Practices Act 1974 (Cth) Australian Securities Commission v Somerville (1994) 51 FCR 38 Canwest Global Communications Corp v Australian Broadcasting Authority (unreported, Hill J, 16 June 1997) Esso Australia Resources Ltd v Commissioner of Taxation (Cth) (1999) 201 CLR 49 Minister for Immigration and Multicultural and Indigenous Affairs v Wong [2002] FCAFC 327 Treasurer of the Commonwealth of Australia v Canwest Global Communications Corp 30 (unreported, Beaumont, Burchett & Emmett JJ, June 1997) WA Pines Pty Ltd v Bannerman (1980) 41 FLR 175 TELSTRA CORPORATION LIMITED (ACN 051 775 556) v AUSTRALIAN COMPETITION AND CONSUMER COMMISSION AND OPTUS NETWORKS PTY LIMITED NSD810 OF 2006 BENNETT J 14 JUNE 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD810 OF 2006

BETWEEN: TELSTRA CORPORATION LIMITED

APPLICANT

AND: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

FIRST RESPONDENT

OPTUS NETWORKS PTY LIMITED

SECOND RESPONDENT

JUDGE: BENNETT J

DATE OF ORDER: 14 JUNE 2006

WHERE MADE: SYDNEY