-----Original Message-----

Fram: Lever, David <David .Lever@dcita.g.ov.au>

Ta: Chalmers, Athol F <Athal.Chalmers@team.telstra.cam>
CC : Vajrabukka, Nikki <Nikki.Vajrabukka@dcita . gav.au>; Davies, Joshua
<Jashua.Davies@dcita.gav.au>
Sent: Wed Sep 28 05:25:37 2005
Subject : cats
Hi Athal
I have just been reading a repart .of the recent meeting an COTs and related disputes
in the Minister's Office.
Caul d yau please name the three .outstanding cases you alluded ta at the meeting .
Regards,
David Lever
-----Original Message-----
From: Athal F [mailto:Athal.Chalmers@team.telstra.com]
Sent: ;';i2j:1esday, 28 September 2005 8: 11 AM
Ta: Lever,
subject: Re: cots
David
I am tr2.\121li!"',g today - sa will get details to you later this arco .or first thing
tamarraw
Cheers
Athal
---- -Original Message-----
Fram: Lever , David (mailta :Davi d.Lever@dcita.gav.au]
Sent: Thursday, 29 SepteIDber 2005 12 :01 PM
To: Chalmer s, Athal F
Sub ject: RE: caes
At hol
We've done a bit of research on this ourselves.
In response to a question on notice from Senator Brown (No 73) asked on
18 November 2004 , Telstra advised that all of the 16 COT claims had been resol ved
eieher
claimant
one
2003 seeking damages
the aside of
Perhaps three outstanding cases you referred to include people from outside t he
group of 16.
Rega F l s,
David
,41
www.badapples.com.au
-----Original Message-----
From: Chalmers, Athol F [mailto:Athol.Chalmers@team.te-lstra.com]
Sent: c:'hursday, 29 September 2005 12:54 PM
To: Lever, David
Subject: RE: cots
David
The three cases we thought might be active with Senator Joyce are
- one of
~ . " l I l I i l i I " i l i i i , which is scheduled for a trial
ommencing on ; and S . M
which is likely to be struck out of ~
court or vlctorla unless a proper pleading is filed by ........... I think the time for
him to file ahs actually passed - so I'm not entirely up to date on this.
Happy to get a bit more in fa on these if you wish.
Cheers
Athol
_____ Or i g inal Message-----
From: Lever , David [mai l to : David.Lever@dcita.gov . au]
sent: Thursday, 29 September 2005 1:08 PM
To: Chalmers, Athol F
subject: RE : cots
Thanks Athol
If yo u coul d obta in some more information it would be much appreciated.
I assume t hat the case is still before the court?
5.41
I know the case. He was not one of the 16 COTs referred to in the AUSTEL
, 94 report. We would be grateful for any information on any previous
t t l ement / arbitration or offer and what he is seeking in court.
I knmIT nothing of He was not one of the 16 COTs. &iY information of \:he
sort ref erred to above in respect of would be appreciated.
Regards,
David
www.badapples.com.au
,
-----Original Message-----
From: Chalmers , Athol F [mailto:Athol.Chalmers@team.telstra.com)
Sent: Friday, 7 Octooer 2005 7:24 AM
To: Lever, David
Subject: RE: cots
David
Please see answers to your questions below - hope this meets your requirements .
Sorry for delay in responding.
Cheers
Athol
1 . I assume that is still before the court?
No , this assumption is not correct._was awarded_ in a binding sj:Jr
arbitration which concluded in 1996. Consistently with the arbitration award, Telstra
,id that vhich had been paid on an ex gratia basis by Telstra
_eviously) .1IIIIIIII commenced a claim in the Federal Court in IIIIIIIIIIs
the arbitration award. This claim was dismissed by the Court ln
........ then commenced a claim Court of Victoria in
was dismissed by the Court There are no present proce
2. I know the case. He was not one of the 16 COTs referred to in the
AUSTEL 1994 report. We would be grateful for any information on any previous
settlement / arbitration or offer and what he is seeking in court .
The original ly claimed losses suffered by their business,
..... Pty Ltd, which were said to have flowed from service d i fficulties with
Easycall System in 1993. Pty Ltd was placed into liquidation, and a
settl e ment of the claim was a.reed between Telstra and the liquidator at a
(a so a t cended by L) in January 1995 , Telstra paid in excess of .......
to t h e liqui dator pursuant to that presen t Supreme Cour t claim
(scheduled to b ing on is for losses allegedl y s uf fered by
t he
ove
commitment has caused the
damage t o their ....... It s not

that Telstra's f ailure to honour t
a range of adverse consequences inc l uding
aim for losses suffered by reason of the
5 .A-\
3 . I know nothina of lln\l ; n fnrma t:' nn C1 ,
d
to above in respect of
the sort referre
would be ap9reciated,
brl
'efing note attached. It sets out the history of the claim.
Dlease see " . 1 l ' h .
'ew is it a CoT style clalm. It 1S slmp y a calm t a ntern et
on V1 .
AS
i nadequate for the purpose which his business wished to put it . By way of
servlce W . has now served a draft amended statement of claim, but there ha s not
update. . ' f ' l .. h f '11 b
yet been a hearing at which h is appllcatlon to lea c _a un ln t at orm Wl e
dec: e rmined.
-----Origi nal Message-----
From: Lever, David
Sent: Friday, 7 October 2005 7:48 AM
To: Madsen, Williams, Don
subject : FW: cots
i s detail may be useful on 3 cases Joyce may be interesced in.
www.badapples.com.au
-----Original Message-----
From: Madsen, Andrew
Sent: Friday, 7 October 2005 8:49 AM
To: Lever, David
Cc: Williams, Don
Subject: RE: cots
Thanks David
It is useful to build up our information base on the possible cases. I trust you're
filing/recording the details somewhere so that they can be retrieved.
Is it clear whether any of this information has confidential elements to it. Will the
potential confidential nature of some of the settlements present problems for our or
an independent assessor's assessment of the cases?
drew
-----Ori ginal Message-----
From: Lever, David
Sen t: Friday, 7 October 2005 8:55 AM
To: Madsen, Andrew
Cc: Wi lli ams, Don
Subject: RE: cots
Yes, the confi dencial natur e of the COT arbitrations, including the amount of the
award, would limit what an independent assessor could find. The TIO could tell us
what was conf idential and what wasn't, but it may be premature to raise the issue with
him.
't'l-)e same clearly applies in the
~ ~ L
www.badapples.com.au