find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (3-5 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Dynamic organisation ·
View details
Legal Counsel
Category: Corporate and Commercial Law | Location: North Sydney NSW 2060
· 18 month fixed term contract · 3-5 years PQE with TMT exposure
View details
Federal Court describes 'Herculean effort' of C7 judgement

Federal Court describes 'Herculean effort' of C7 judgement

The Federal Court yesterday detailed the enormity of the task facing both the trial and appeal judges on the C7 "mega litigation".

THE Federal Court yesterday detailed the enormity of the task facing both the trial and appeal judges on the C7 "mega litigation".   

In dismissing the Seven Network's appeal in a $200 million trade practices suit, the Court yesterday ran through the volume of the material facing it, as well as the trail judge Sackville. 

The justices agreed with Justice Sackville's description of the case in 2007 as "mega litigation". 

Detailing the massive number of pages in the case, the judges said it was a "herculean effort" to go through them. 

Justice Sackville's description, they said, "is appropriate". 

"The pleadings occupied 1,028 pages. The trial occupied 120 sitting days. The transcript of the trial is 9,530 pages in length. The statements of the witnesses’ evidence in chief totalled 3,654 pages, of which 2,041 pages were those of the expert witnesses. 12,849 documents totalling 115,586 pages were tendered by way of evidence. The applicants’ written closing submissions in chief totalled 1,556 pages. The respondents between them generated 2,594 pages of written closing submissions. The applicants’ submissions in reply totalled 812 pages," the justices said. 

The three judges empathised with "the enormity of the task" that faced Justice Sackville. "His Honour’s reasons for judgment total some 1,173 pages including annexures and consist of 3,399 paragraphs.

"The reasons for judgment disclose the Herculean effort that the trial Judge made to distil the facts and arrive at the very substantial factual findings which he made. The task must have been a great burden but, if we may so, it was discharged admirably," the justices said.

But as Justice Sackville faced the mass litigation, so too did the Federal Court. it had before it all of the documents that were before the trail judge, together with his reasons, a notice of appeal of 21 ages and three separate notices of contention of eight, four and five pages. 

In addition, the Court was faced with the appellants' written submissions in chief, making up 205 pages, and in reply of 52 pages. It contended with the News respondents' submissions of 258 pages and in reply 11 pages, as well as PBL's written submissions of 92 pages and Telstra's written submissions of 80 pages. 

The appeal took 13 sittings in total. 

However, the justices noted yesterday, "whilst this Court has even more papers before it than the trial judge had, we have the considerable advantage of his reasons" 

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

Federal Court describes 'Herculean effort' of C7 judgement
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
LCA president Fiona McLeod SC
Aug 17 2017
Where social fault lines meet the justice gap in Aus
After just returning from a tour of the Northern Territory, LCA president Fiona McLeod SC speaks wit...
Marriage equality flag
Aug 17 2017
ALHR backs High Court challenge to marriage equality postal vote
Australian Lawyers for Human Rights (ALHR) has voiced its support for a constitutional challenge to ...
Give advice
Aug 17 2017
A-G issues advice on judiciary’s public presence
Commonwealth Attorney-General George Brandis QC has offered his advice on the public presence of jud...
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'...
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...
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 & ...