Application by: TCN Channel Nine Pty Limited in connection with a matter between: Anthony Carney v Denis Mathews and Construction, Forestry, Mining & Energy Union [1995] IRCA 662

INDUSTRIAL LAW - ELECTION INQUIRY - Use of discovered documents. PRACTICE AND PROCEDURE - Application for leave to use discovered documents for purposes of a television program - Documents intended to provide backdrop to comments about alleged election irregularities - Circumstances under which documents came into applicant's hands - Nature of intended program - Nature and fairness of earlier program - Whether Court should order applicant to deliver documents to Australian Electoral Commission - Costs. APPLICATION BY: TCN CHANNEL NINE PTY LIMITED IN CONNECTION WITH A MATTER BETWEEN: ANTHONY CARNEY v DENIS MATHEWS and CONSTRUCTION, FORESTRY, MINING & ENERGY UNION NO. NI.109 of 1994 CORAM: WILCOX CJ PLACE: SYDNEY DATE: 20 DECEMBER 1995

IN THE INDUSTRIAL RELATIONS COURT) OF AUSTRALIA ) No. NI.109 of 1994 NEW SOUTH WALES DISTRICT REGISTRY) APPLICATION BY:TCN CHANNEL NINE PTY LIMITED IN CONNECTION WITH A MATTER BETWEEN: ANTHONY CARNEY Applicant AND: DENIS MATHEWS First Respondent and CONSTRUCTION, FORESTRY, MINING & ENERGY UNION Second Respondent CORAM: WILCOX CJ PLACE: SYDNEY DATE: 16 NOVEMBER 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The orders sought by the Notice of Motion of TCN Channel Nine Pty Limited filed on 7 November 1995 be refused. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.

IN THE INDUSTRIAL RELATIONS COURT) OF AUSTRALIA ) No. NI.109 of 1994 NEW SOUTH WALES DISTRICT REGISTRY) APPLICATION BY:TCN CHANNEL NINE PTY LIMITED IN CONNECTION WITH A MATTER BETWEEN: ANTHONY CARNEY Applicant AND: DENIS MATHEWS First Respondent and CONSTRUCTION, FORESTRY, MINING & ENERGY UNION Second Respondent CORAM: WILCOX CJ PLACE: SYDNEY DATE: 20 DECEMBER 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. Within seven days of this day, TCN Channel Nine Pty Limited: (a) deliver to the Australian Electoral Commission all documents that are in its possession, or the possession of any of its servants or agents, that were delivered to it by Anthony Carney, being documents produced to him during the course of discovery in the election inquiry in this matter, and all copies of any such documents; (b) wipe any videotape footage of any such document. 2. TCN Channel Nine Pty Limited pay the costs incurred by each of the Construction, Forestry, Mining and Energy Union and the Australian Electoral Commission in connection with the Notice of Motion filed on 7 November 1995, the said costs to be calculated according to the scale of costs of the Federal Court of Australia. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.