Bond & Ors v Australian Broadcasting Tribunal

Bond Corporation Holdings Limited and other related companies (the applicants) sought leave to appeal to the High Court of Australia from a decision of the Full Court of the Federal Court of Australia. The dispute concerned an inquiry conducted by the Australian Broadcasting Tribunal (the respondent) into the television licences held by the applicants. The applicants had sought particulars of the matters involved in the Tribunal's inquiry, and a judgment on this issue had recently been delivered by Wilcox J of the Federal Court.

The primary legal issue before the High Court was whether the applicants were entitled to obtain particulars of the matters under consideration by the Australian Broadcasting Tribunal during its inquiry. This entitlement was to be assessed in light of section 17C of the Broadcasting Act, which governs the conduct of "Ordinary Inquiries" by the Tribunal when the exercise of its substantive powers is contemplated. The applicants argued that their television licences were at stake, indicating that the Tribunal's substantive powers were indeed in contemplation.

The applicants sought to hand up a supplementary affidavit and a facsimile copy of the judgment delivered by Wilcox J that morning. They explained that Wilcox J's views on the entitlement to particulars were potentially variable depending on the outcome of the present application for leave to appeal to the High Court. The applicants' counsel indicated that they would not dwell at length on this supplementary material but offered it for the Court's consideration, particularly regarding the remarks made by Wilcox J concerning the entitlement, or disentitlement, to particulars.