Our Town FM Pty Ltd v Australian Broadcasting Tribunal & Anor [1987] FCA 578

Our Town FM Pty Ltd v Australian Broadcasting Tribunal & Anor [1987] FCA 578

Before making a further decision on the grant of the Newcastle commercial FM radio licence, the Tribunal is bound to receive and consider, according to law, any apparently reliable material relevant to its decision submitted within a reasonable period, if it concerns events since 10 April 1987 or corrects/elucidates its earlier report—except where such material would significantly amend an application, which is at the Tribunal's discretion. The Tribunal is not obliged to permit full reopening or oral hearings unless it deems it necessary or desirable.

Parties
Applicant: Our Town FM Pty Limited; First Respondent: Australian Broadcasting Tribunal; Second Respondent: Newcastle FM Pty Limited; Applicant: Newcastle Stereo Radio Pty Limited
Jurisdiction
Australia
Judgment Date
23 October 1987
Procedural Posture
Judicial Review / Post Judgment Application for Procedural Orders; Reasons for Judgment Following Remittal
Outcome
Application allowed in part; orders made for Tribunal to receive and consider certain additional material before redetermining the licence grant; costs reserved.
Legal Topics
Radio Licence Applications, Material to Be Considered Upon Rehearing, Tribunal Discretion, Reopening Inquiries, Administrative Decision Making Process
Administrative Law Broadcasting Law Radio Licence Applications Material to Be Considered Upon Rehearing Tribunal Discretion Reopening Inquiries Administrative Decision Making Process

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Parties

Our Town FM Pty Limited

Applicant

Australian Broadcasting Tribunal

First Respondent

Newcastle FM Pty Limited

Second Respondent

Newcastle Stereo Radio Pty Limited

Applicant

Procedural Posture

Judicial Review / Post Judgment Application for Procedural Orders; Reasons for Judgment Following Remittal

Legal Issues

  1. 1 Whether the Australian Broadcasting Tribunal is required to receive and consider further material before making a new decision on the grant of a commercial radio licence.
  2. 2 To what extent the Tribunal is obliged to re-open its inquiry and allow further evidence, cross-examination, or amendments to applications.

Ratio Decidendi

Before making a further decision on the grant of the Newcastle commercial FM radio licence, the Tribunal is bound to receive and consider, according to law, any apparently reliable material relevant to its decision submitted within a reasonable period, if it concerns events since 10 April 1987 or corrects/elucidates its earlier report—except where such material would significantly amend an application, which is at the Tribunal's discretion. The Tribunal is not obliged to permit full reopening or oral hearings unless it deems it necessary or desirable.

Court Disposition

Application allowed in part; orders made for Tribunal to receive and consider certain additional material before redetermining the licence grant; costs reserved.

Orders

  • Prior to making any further decision on the Newcastle FM commercial radio licence, the Tribunal must receive and consider according to law such apparently reliable material (relevant to the matters for decision) as may be submitted within a reasonable period, concerning events since 10 April 1987, or purporting to...
  • Costs reserved.