Slater v Telstra Corporation Limited

[2001] FCA 667

FEDERAL COURT OF AUSTRALIA

Telstra Corporation Limited v Slater and

Slater v Telstra Corporation Limited [2001] FCA 667

TELSTRA CORPORATION LIMITED v GORDON SLATER
Q 292 OF 1999

GORDON SLATER v TELSTRA CORPORATION LIMITED
Q 52 OF 2001

SPENDER J
BRISBANE
5 JUNE 2001

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY		Q 292  OF 1999
BETWEEN:	TELSTRA CORPORATION LIMITED APPLICANT
AND:	GORDON SLATER RESPONDENT
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY		Q 52  OF 2001

BETWEEN:	GORDON SLATER APPELLANT
AND:	TELSTRA CORPORATION LIMITED RESPONDENT
JUDGE:	SPENDER J
DATE OF ORDER:	5 JUNE 2001
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The notice of motion filed 10 April 2001 in Q 292/99 be allowed.

2.The notice of motion filed 20 March 2001 in Q 52/01 be allowed. 

3.The appeal be heard by way of written submissions.

4.The order for costs made on 4 April 2001 on file Q 292/99 be stayed until the determination of appeal Q 52/01.

THE COURT DIRECTS THAT:

1.Written submissions by the appellant (of not more than 20 pages) be filed (5 copies), and served by 4 pm 10 clear working days before the date of hearing of the appeal.

2.Written submissions by the respondent (of not more than 20 pages) be filed (45 copies) and served by 4 pm 5 clear working days before the date of hearing of the appeal.

3.Written submissions by the appellant in reply (of not more than 10 pages) be filed (5 copies) and served by 4 pm on the last working day before the date of hearing of the appeal.

4.All references to the appeal book in the submissions should refer to the relevant page and the relevant part of the page [eg A.B 27.5 – 28.2].

5.Similarly, references to authority should give the case, citation and refer to the relevant page and relevant part of the page [eg A v B 112 CLR 210 from 212.5 to 212.7].

6.Lists of authorities should be supplied in accordance with Practice Note No. 1.

7.Part A authorities contained in the CLR’s, FCR’s, ALR’s, FLR’s, ALJR’s and the Authorised Reports will be supplied by the Judge’s staff.  All other Part A authorities and all Part B authorities to which reference is made in the course of the appeal, are to be provided by the part in photocopied form (3 copies) with the relevant sections marked or highlighted.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY		Q 292  OF 1999
BETWEEN:	TELSTRA CORPORATION LIMITED APPLICANT
AND:	GORDON SLATER RESPONDENT
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY		Q 52  OF 2001

BETWEEN:	GORDON SLATER APPELLANT
AND:	TELSTRA CORPORATION LIMITED RESPONDENT
JUDGE:	SPENDER J
DATE:	5 JUNE 2001
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. These are two notices of motion in respect of an appeal by Gordon Slater from a judgment that I gave in favour of Telstra Corporation Limited.  The first notice of motion (filed 20 March 2001 in Q 52/01) seeks that the appeal be heard on the papers, pursuant to O 52 subrule 15(5) of the Federal Court Rules.  The basis for this is that Mr Slater resides in the United Kingdom.  That notice of motion further seeks that further evidence be admitted in the appeal in the form of an appendix to a medico-legal/employability report dated 4 September 1998.

2. The second notice of motion (filed 10 April 2001 in Q 292/99) seeks a stay of the order for costs in favour of Telstra Corporation Limited.  Having regard to the fact that the appellant is acting for himself and lives in the United Kingdom, it seems to me to be appropriate to order that the appeal be conducted by written submissions only.  The appeal has been set down for 10.15 am on Friday the 17th day of August 2001.  I make the standard directions, but the written submissions by either party be no more than 20 pages in length.

3. As to the request that further evidence be admitted in the appeal, this is a matter which has to be agitated before the Full Court.  The applicant should file an affidavit indicating what evidence he wishes the appeal court to consider, and why, since it is an appeal from a judge in turn reviewing a decision of the Administrative Appeals Tribunal, the evidence should be admitted on the appeal.  In respect of that material, I direct that any affidavit evidence on which Mr Slater wishes to rely be filed and served 14 days before the day on which the appeal is to be heard.  The written submissions should address both the request for further evidence to be admitted, and the appeal itself.

4. In respect of the motion seeking a stay of the order for costs, it seems to me to be appropriate to make that order, since the outcome of the appeal may affect the entitlement to the costs order.  I order that the order for costs which I made on Wednesday the 4^th day of May 2001 be stayed until the determination of appeal Q 52 of 2001.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Spender.

Associate:

Dated:             5 June 2001

The Applicant appears on his own behalf
Solicitor for the Applicant:	Mahoney & Hesford (for service only)
Solicitor for the Respondent:	Standish Partners
Date of Judgment:	5 June 2001