Telstra Corporation Limited v Minister for Broadband, Communications and the Digital Economy

(2008) 166 FCR 64; [2008] FCAFC 7

Full Court of the Federal Court

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Interrogate

Catchwords

1. Appeal
2. › Consent orders
3. › Order allowing appeal by consent
4. › Appeal by way of rehearing
5. › Whether demonstrated error by primary judge is a condition of power to allow appeal by consent
6. › Federal Court of Australia Act 1976 (Cth), ss 25(2B), 27, 28
1. Practice and Procedure
2. › Preliminary discovery
3. › Consent orders for preliminary discovery
4. › Conditions of exercise of power under O 15A r 6
5. › Whether within power and appropriate
6. › Federal Court Rules 1979 (Cth), O 15A r 6

Quick Take

Consent orders allowing appeals in the Federal Court require identification of appellable error, even where both parties agree to the orders; the Court will not simply rubber-stamp consent orders on appeal.