find the latest legal job
Corporate/Commercial Lawyers (2-5 years PAE)
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Specialist commercial law firm · Long-term career progression
View details
Graduate Lawyer / Up to 1.5 yr PAE Lawyer
Category: Personal Injury Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Mentoring Opportunity in Regional QLD · Personal Injury Law
View details
Corporate and Commercial Partner
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Full time · Join a leading Adelaide commercial law firm
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Sydney NSW
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Melbourne VIC
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
C7 respondents used cooperative approach

C7 respondents used cooperative approach

THE C7 litigation required a high degree of cooperation between co-respondents, said Roger Forbes, a Mallesons partner who represented Telstra in the landmark litigation.According to Forbes,…

THE C7 litigation required a high degree of cooperation between co-respondents, said Roger Forbes, a Mallesons partner who represented Telstra in the landmark litigation.

According to Forbes, lawyers for the co-respondents worked together to ensure they worked efficiently. Allens Arthur Robinson represented News Ltd and Foxtel, Gilbert + Tobin represented Publishing and Broadcasting Ltd, and Diana Chang of Chang, Pistilli & Simmons represented Optus.

“There was a fairly common sense approach where we would try not to duplicate what each other was doing and we would divide up common issues. There was cooperation and consultation in relation to calling expert economic evidence and there was cooperation in relation to responding to the damages claims. For example, we led some of the early challenges to knock out certain claims at an early change while other parties worked on other areas,” Forbes said.

However, Forbes said the case also demonstrates that cooperation is needed between opposing sides.

“There also has to be a degree of cooperation and common sense as between the parties — that is, the applicants and the respondents. One of the judge’s significant criticisms was there was a failure on the part of Seven at an early stage to really refine what its most important points were and an unwillingness to abandon any part of its claim,” Forbes said.

Justice Ronald Sackville of the Federal Court last week dismissed claims made by the Seven Network that anti-competitive conduct by its rivals led to the demise of its pay-TV arm, C7, more than five years ago. The Seven Network was advised by Freehills.

The ruling followed 120 days of hearings over more than 12 months that produced almost 10,000 pages of transcript.

In a summary of his judgment, Justice Sackville criticised Seven for pursuing the litigation saying: “In my view, the expenditure of $200 million and counting on a single piece of litigation is not only extraordinarily wasteful, but borders on the scandalous.”

Justice Sackville also advised Seven against an appeal in summing up his judgment.

“In the light of my findings of fact and conclusions of law, the parties should be able to assess realistically their prospects on appeal. They should also take into account that the transactions that gave rise to this litigation are long passed and have been overtaken, not only by later events, but a changed commercial environment in the industries in which they operate.

“The alternative to a negotiated resolution may be a reprise of the Duke litigation. I do not recommend this course,” he said.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

C7 respondents used cooperative approach
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Scales of Justice
Dec 15 2017
Timing ‘critical’ in unusual contempt of court ruling
A recent case could have interesting implications for contempt of court rulings, according to a Ferr...
Dec 14 2017
International arbitration and business culture
Promoted by Maxwell Chambers. This article discusses the impact of international arbitration on t...
Papua New Guinea flag
Dec 14 2017
World-first mining case launched in PNG
Citizens of Papua New Guinea have launched landmark legal proceedings against the country’s govern...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...