Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Telstra Corporation Limited v Vocus Fibre Pty Ltd [2014] FCA 198 Citation: Telstra Corporation Limited v Vocus Fibre Pty Ltd [2014] FCA 198
Parties: TELSTRA CORPORATION LIMITED v VOCUS FIBRE PTY LTD, ADAM INTERNET PTY LTD, CHIME COMMUNICATIONS PTY LTD and AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
File number: NSD 4 of 2014
Judge: FLICK J
Date of judgment: 12 March 2014
Catchwords: CONTRACT – agreement as to terms and conditions – agreement to vary – reservation of right to dispute variation – dispute as to terms and conditions within range agreed – manner of construing a contract – absurdity TELECOMMUNICATIONS – access to network facilities – terms and conditions – dispute as to increased charges – power of ACCC to arbitrate
Legislation: Administrative Decisions (Judicial Review) Act 1977 ss 5(1)(f), 6(1)(f) ANL Act 1956 (Cth) s 68 Commonwealth Serum Laboratories Act 1961 (Cth) s 38 Judiciary Act 1903 (Cth) s 39B(1A)(c) Olympic Insignia Protection Act 1987 (Cth) s 21 Radiocommunications Act 1992 (Cth) s 118QG(1) Snowy Mountains Engineering Corporation Act 1970 (Cth) s 53 Telecommunications Act 1997 (Cth) Sch 1, cls 17(1), 18(1), 35(1), 36(3) Telecommunications (Arbitration) Regulations 1997 (Cth) r 8
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