Marsden v Amalgamated Television Services Pty Limited

Marsden commenced proceedings against Amalgamated Television Services in the Federal Circuit Court of Australia. The dispute concerns the admissibility of certain evidence that the plaintiff claims constitutes "shunning" by the defendant. This conduct is alleged to have breached section 46 of the Trade Practices Act 1974. The Federal Circuit Court was required to determine whether the evidence in question was admissible, focusing on the relevance and probative value of the evidence in relation to the alleged contravention.

The court considered whether the evidence was relevant to the issue of whether the defendant's actions constituted "shunning" and whether they contravened section 46 of the Trade Practices Act. The court examined the definition of "shunning" and the circumstances under which such conduct might be deemed to contravene the Act. It also assessed the probative value of the evidence in proving the alleged contravention. The court noted that the evidence must be directly relevant to the issues in the case and not merely collateral to the proceedings.

The court held that the evidence was relevant and admissible as it directly pertained to the defendant's actions and their potential contravention of section 46 of the Trade Practices Act. The court found that the evidence had sufficient probative value to assist in determining whether the defendant had engaged in "shunning." Consequently, the court ruled that the evidence could be considered in the proceedings. The court's decision ensured that the plaintiff could rely on the evidence in question to support their claim of a contravention of the Act.