Foxtel Management Pty Limited v TPG Internet Pty Ltd

Foxtel Management Pty Limited sought relief from TPG Internet Pty Limited and others for the disabling of access to certain online locations, which were alleged to infringe or facilitate the infringement of copyright. The dispute was heard in the Federal Court of Australia. The legal issues centred on whether an injunction should be granted under section 115A of the Copyright Act 1968 (Cth) to require the Respondents to take reasonable steps to disable access to the Target Online Locations outside Australia, and if so, what form the orders should take.

The Court found that the Applicant was entitled to the injunction as sought. It dispensed with the requirement to give notice to the operators of the Target Online Locations, where such notice had not already been given. The Court granted the injunction, requiring the Respondents to take reasonable steps to disable access to the Target Online Locations within 15 business days of the orders. The Court specified various technical means by which the Respondents could comply with this requirement, including DNS blocking, IP address blocking, URL blocking, or any alternative technical means agreed upon by the Applicant and a Respondent. The Court also directed the Respondents to redirect communications from users seeking access to disabled online locations to a webpage that informs users of the reason for the disabling. The Applicant was required to establish, maintain, and host a webpage for this purpose.

The Court concluded that the injunction should operate for a period of three years, with provisions for extending the period if necessary. It also outlined the process for varying or discharging the orders and provided for the calculation of compliance costs. The final orders included specific directives for the Respondents to take the necessary steps to disable access and to notify the Applicant of any steps taken, as well as provisions for the Applicant to notify the Respondents of changes to the webpage established under the orders. The Court also allowed for the possibility of the Respondents temporarily suspending their obligations under the orders under certain conditions.