Bell v Steele (No 2)

[2012] FCA 62

FEDERAL COURT OF AUSTRALIA

Bell v Steele (No 2) [2012] FCA 62

Citation:		Bell v Steele (No 2) [2012] FCA 62
Parties:		RICHARD KENNETH BELL v TANYA STEELE
File number:		QUD 391 of 2011
Judge:		COLLIER J
Date of judgment:		7 February 2012
Catchwords:		PRACTICE AND PROCEDURE – order pursuant to r 5.23(2)(c)(d) Federal Court Rules 2011 – failure of respondent to comply with order to file Defence – default judgment sought by applicant – claimed breach of copyright – damages – copyright infringement unjustifiable pursuant to s 202(1) Copyright Act 1968 (Cth)
Legislation:		Copyright Act 1968 (Cth) s 202(1) Federal Court Rules r 5.23(2)(c), (d)
Date of hearing:	7 February 2012
Place:	Brisbane
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	19
Solicitor for the Applicant:	Mr J Swinson of Mallesons
Counsel for the Respondent:	The Respondent did not appear

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 391 of 2011

BETWEEN:	RICHARD KENNETH BELL Applicant
AND:	TANYA STEELE Respondent

JUDGE:	COLLIER J
DATE OF ORDER:	7 FEBRUARY 2012
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The respondent being properly served pursuant to the order of 6 December 2011 and not having filed a defence, the judgment of the Court is that:

(a)the applicant is the owner of the copyright in the Raw Footage for a cinematographic film entitled “The Blackfella’s Guide to New York” as referred to in the statement of claim;

(b)the applicant is the owner of the copyright in the Trailer for a cinematographic film entitled “The Blackfella’s Guide to New York” as referred to in the Statement of Claim;

(c)the respondent’s threat of legal proceedings in relation to copyright infringement is unjustifiable pursuant to s 202(1) of the Copyright Act 1968 (Cth).

2.The respondent pay the applicant’s costs of and incidental to the proceedings.

3.The applicant file evidence as to quantum of damages pursuant to s 202(1) of the Copyright Act 1968 (Cth), and costs by 16 February 2012.

4.The matter be set down for hearing as to quantum of damages pursuant to s 202(1) of the Copyright Act 1968 (Cth) and costs for half (½) a day at 10.15 am on 13 March 2012.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 391 of 2011

BETWEEN:	RICHARD KENNETH BELL Applicant
AND:	TANYA STEELE Respondent

JUDGE:	COLLIER J
DATE:	7 FEBRUARY 2012
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. In Court this morning, Mr John Swinson, the solicitor for the applicant in these proceedings, sought orders on behalf of the applicant pursuant to r 5.23(2)(c) and (d) of the Federal Court Rules that judgment be entered for the applicant. The primary reason for the orders sought is that the respondent has not filed a Defence, notwithstanding my order of 6 December 2011 that the respondent file a Defence on or before 27 January 2012.

2. I note that no contact has been made by the…