Australian Communications and Media Authority v Bytecard Pty Ltd [2012] FCA 1191

Australian Communications and Media Authority v Bytecard Pty Ltd [2012] FCA 1191

Because the respondents had, through their solicitors, agreed the facts in the Statement of Agreed Facts save for the excised matter, and there was no real dispute as to the facts and matters proven by the documents in Exhibit A, the Statement of Agreed Facts and documents referred to in it were admitted as Exhibit A and Pts 2.2, 2.3 and 3.2 to 3.8 of the Evidence Act 1995 (Cth) were ordered not to apply to Exhibit A.

Jurisdiction
Australia
Judgment Date
22 October 2012
Procedural Posture
Federal Court Proceeding / Final Hearing; Evidentiary Ruling
Outcome
Statement of Agreed Facts and related documents admitted as Exhibit A; prior bundle admitted as Exhibit B; specified Evidence Act provisions disapplied to Exhibit A.
Legal Topics
['statement of Agreed Facts' 'admission of Evidence' 'dispensing With Evidence Act Provisions']
['evidence' 'civil Procedure'] ['statement of Agreed Facts' 'admission of Evidence' 'dispensing With Evidence Act Provisions']

Case Brief

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Procedural Posture

Federal Court Proceeding / Final Hearing; Evidentiary Ruling

Legal Issues

  1. 1 ['Whether the Statement of Agreed Facts tendered on 22 October 2012 and the documents referred to in it should be admitted into evidence at the final hearing.' 'Whether Pts 2.2, 2.3 and 3.2 to 3.8 of the Evidence Act 1995 (Cth) should be disapplied to Exhibit A pursuant to s 190(3).']

Ratio Decidendi

Because the respondents had, through their solicitors, agreed the facts in the Statement of Agreed Facts save for the excised matter, and there was no real dispute as to the facts and matters proven by the documents in Exhibit A, the Statement of Agreed Facts and documents referred to in it were admitted as Exhibit A and Pts 2.2, 2.3 and 3.2 to 3.8 of the Evidence Act 1995 (Cth) were ordered not to apply to Exhibit A.

Court Disposition

Statement of Agreed Facts and related documents admitted as Exhibit A; prior bundle admitted as Exhibit B; specified Evidence Act provisions disapplied to Exhibit A.

Orders

  • ['The Statement of Agreed Facts tendered before the Court this day (22 October 2012), together with all of the documents referred to in that Statement, be admitted into evidence and marked as Exhibit A at the final hearing of the proceeding.' 'The bundle of documents which was Exhibit A before Nicholas J on 26...