Seven Network Limited (No 1) [2004] ACompT 5

AUSTRALIAN COMPETITION TRIBUNAL

Seven Network Limited (No 1) [2004] ACompT 5 PRACTICE AND PROCEDURE – application for disqualification of Tribunal member – apprehended bias – whether Tribunal member should decide application – whether matter for whole Tribunal – principles of reasonable apprehension of bias. Trade Practices Act 1974 (Cth): ss 37, 42(1) Bainton v Rajski (1992) 29 NSWLR 539 referred to Barton v Walker [1979] 2 NSWLR 740 referred to Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 considered Quigley v Legal Practitioners Complaints Committee [2003] WASCA 228 considered R v Bow Street Metropolitan Magistrate; Ex parte Pinochet Ugarte (No 2) [2000] 1 AC 119 considered Livesey v New South Wales Bar Association (1983) 151 CLR 288 referred to Johnson v Johnson (2000) 201 CLR 488 referred to Webb v R (1994) 181 CLR 41 referred to Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 referred to JRL Re: Ex parte CJL (1986) 161 CLR 342 referred to File No 10 of 2003 RE: APPLICATION FOR REVIEW OF THE DECISION OF THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION MADE ON 12 DECEMBER 2003 ON THE SECTION 152ATA DIGITAL PAY TV ANTICIPATORY INDIVIDUAL EXEMPTION APPLICATIONS LODGED BY TELSTRA CORPORATION AND TELSTRA MULTIMEDIA BY: SEVEN NETWORK LIMITED (ACN 052 816 789) and C7 PTY LIMITED (ACN 082 901 442) File No 11 of 2003 RE: APPLICATION FOR REVIEW OF THE DECISION OF THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION MADE ON 12 DECEMBER 2003 ON THE SECTION 152ATA DIGITAL PAY TV ANTICIPATORY INDIVIDUAL EXEMPTION APPLICATION LODGED BY FOXTEL MANAGEMENT PTY LIMITED (FOR AND ON BEHALF OF THE FOXTEL PARTNERSHIP AND FOXTEL CABLE TELEVISION) BY: SEVEN NETWORK LIMITED (ACN 052 816 789) and C7 PTY LIMITED (ACN 082 901 442)

GOLDBERG J (President) 15 APRIL 2004 MELBOURNE