Allam v Aristocrat Technologies Australia Pty Ltd

In Allam v Aristocrat Technologies Australia Pty Ltd, the respondents alleged that the applicants had infringed their copyright by creating, using, and selling gaming machines that incorporated the respondents’ software. The dispute was heard in the Federal Court of Australia. The legal issues before the court included whether the primary judge erred in varying earlier evidentiary rulings, whether the evidence was admissible, and the quantum of damages. The court also needed to determine whether additional damages were appropriate and whether the award should apply to all respondents.

The court found that the primary judge did not err in varying evidentiary rulings, as the circumstances of the case had changed since the initial rulings were made. Regarding the admissibility of evidence, the court held that the primary judge did not err in using evidence that was not tendered as proof of facts stated in them or as tendency evidence, as it was relevant to the credit of the witness or the existence of a joint venture. The court also found that the primary judge did not err in concluding that the applicants were liable for compensatory damages. However, the court held that the amount of additional damages awarded was excessive and reduced the amount. Finally, the court found that damages should not have been awarded in favour of all respondents, as the agreement licensing the relevant copyright in favour of certain respondents was executed after the time of the infringements and the commencement of proceedings.

The final orders of the court required the parties to file agreed draft orders within seven days, including as to costs, or, if agreement could not be reached, to file and serve proposed orders and written submissions in support thereof. Entry of orders was to be dealt with in accordance with Rule 39.32 of the Federal Court Rules 2011.