s. 163A. Challenge to ACCC’s use of its s. 155 powers to obtain information
8 April 2004: Seven Network instituted proceedings in the Federal Court, Sydney, alleging that the ACCC had improperly used its powers under s. 155 by issuing Seven Network with a notice requiring it to furnish the ACCC with information relating to a matter it was investigating. The notice related to two items broadcast in October 2003 and January 2004 on the Seven Network Today Tonight television program which featured the ‘Wildly Wealthy Women Millionaire Mentoring Program’. The ACCC was investigating whether Seven Network and/or the principals of the Mentoring Program may have engaged in misleading or deceptive conduct.
9 July 2004: Justice Branson handed down her decision dismissing Seven Network’s application.
30 July 2004: Seven Network appealed Justice Branson's decision to the Full Federal Court.
12 August 2004: Seven Network and two of its employees instituted proceedings in the Federal Court, Sydney alleging that the ACCC had improperly used its powers under s. 155 by issuing a further Notice to Seven Network requiring it to provide the ACCC with information and documents and by issuing Notices to two of the network's employees requiring them to give oral evidence to the ACCC. These notices also related to the two items broadcast in October 2003 and January 2004. Hearing of this matter was adjourned by Justice Tamberlin pending the Full Federal Court hearing of Seven Network's appeal of the decision of Justice Branson relating to the earlier Notice.
31 August 2004: Full Federal Court hearing of Seven Network's appeal. Judgment was reserved.
6 October2004: Justices Tamberlin, Sackville and Emmet upheld the decision of Justice Branson and rejected the Seven Network's application to overturn the previous ruling and declare the Notice unauthorised, invalid and of no effect.
3 November 2004: Seven Network filed an application for special leave to appeal the the High Court re the decision of the Full Court on 6 October 2004.
12 November 2004: Seven Network and two employees lodged an application in relation to the proceedings instituted on 12 August 2004, seeking an interlocutory order to extend the time for compliance with the Notices until after High Court ruling on special leave.
15 December 2004: Justice Conti dismissed application of Seven Network and two employees for interlocutory relief in proceedings instituted 12 August 2004.
9 February 2005: Seven Network discontinued its application for special leav to appeal to the High Court.
16 February 2005: Proceedings by Seven Network and two employees in relation to further Notices were discontinued with the consent of all parties.
