HIGH COURT OF AUSTRALIA
FRENCH CJ,
GUMMOW, HAYNE, CRENNAN AND KIEFEL JJROADSHOW FILMS PTY LTD & ORS APPELLANTS
AND
IINET LIMITED RESPONDENT
Roadshow Films Pty Ltd v iiNet Limited [2011] HCA 54
30 November 2011
S288/2011ORDER
1.The summons for intervention by the Australian Recording Industry Association Limited be dismissed.
2.The summons for leave to be heard as amicus curiae by the Media, Entertainment and Arts Alliance and the Screen Actors Guild be dismissed.
3.Leave be given to the Australasian Performing Right Association Limited to be heard as amicus curiae only to the extent that its submissions do not duplicate the submissions of a party.
4.The summons for leave to be heard as amicus curiae by the Australian Privacy Foundation be dismissed.
5.Leave be granted to the Communications Alliance Limited to be heard as amicus curiae only to the extent that its submissions do not duplicate the submissions of a party.
6.The summons for intervention and for leave to be heard as amicus curiae by the Australian Digital Alliance Ltd be dismissed.
On appeal from the Federal Court of Australia
Representation
A J L Bannon SC with J M Hennessy SC and C Dimitriadis for the appellants (instructed by Gilbert + Tobin Lawyers)
R Cobden SC with R P L Lancaster SC and C J Burgess for the respondent (instructed by Herbert Geer Lawyers)
Interveners
M J Leeming SC seeking leave to appear as amicus curiae on behalf of the Australasian Performing Right Association Limited (instructed by Banki Haddock Fiora)
C A Moore SC seeking leave to intervene on behalf of the Australian Recording Industry Association Limited (instructed by Allens Arthur Robinson Lawyers)
M R Hall seeking leave to appear as amicus curiae on behalf of the Media, Entertainment and Arts Alliance and Screen Actors Guild (instructed by Banki Haddock Fiora)
E J C Heerey seeking leave to intervene or to appear as amicus curiae on behalf of the Australian Digital Alliance Ltd (instructed by Australian Digital Alliance Ltd)
P W Flynn seeking leave to intervene or to appear as amicus curiae on behalf of the Communications Alliance Limited (instructed by Carwardine Legal Solicitors)
No appearance for the Australian Privacy Foundation seeking leave to appear as amicus curiae
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
FRENCH CJ, GUMMOW, HAYNE, CRENNAN AND KIEFEL JJ. There are before the Court six summonses. The Australian Recording Industry Association Limited ("ARIA") seeks leave to intervene to make submissions to the Court in support of the appeal. The Media, Entertainment and Arts Alliance, jointly with the Screen Actors Guild ("the Guild"), applies for leave to intervene as an amicus curiae. So, too, do the Australasian Performing Right Association Limited ("APRA") and the Australian Privacy Foundation ("the Privacy Foundation"). The Communications Alliance Limited ("the Communications Alliance") and the Australian Digital Alliance Ltd ("the Digital Alliance") each seeks leave to be heard as amicus curiae and, alternatively, leave to intervene.
In…
Keep reading for free
Create a free CaseChat account to read Roadshow Films Pty Ltd v iiNet Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2011] HCA 54
- Decision Date
CaseChat Overview and Summary
The central legal issue before the High Court was the criteria for granting leave to third parties to intervene or to be heard as amicus curiae in appellate proceedings. Specifically, the Court had to determine whether the applicants had demonstrated that their intervention or submissions would significantly assist the Court and that their interests were directly affected by the outcome of the appeal.
The Court applied principles governing the joinder of parties and the admission of amici curiae, emphasising that such applications are exceptional. It considered the potential for duplication of arguments already presented by the parties and the extent to which the proposed submissions would genuinely assist the Court in its determination of the legal issues. The Court distinguished between the roles of interveners and amici curiae, noting that intervention typically requires a more direct and substantial interest in the subject matter of the litigation.
Consequently, the Court dismissed the applications for intervention by the Australian Recording Industry Association Limited and the Australian Digital Alliance Ltd. It also dismissed the applications for leave to be heard as amicus curiae by the Media, Entertainment and Arts Alliance, the Screen Actors Guild, and the Australian Privacy Foundation. However, limited leave was granted to the Australasian Performing Right Association Limited and Communications Alliance Limited to be heard as amicus curiae, subject to the condition that their submissions did not duplicate those of the parties.
Orders
Orders of the court
1. The summons for intervention by the Australian Recording Industry Association Limited be dismissed.
2. The summons for leave to be heard as amicus curiae by the Media, Entertainment and Arts Alliance and the Screen Actors Guild be dismissed.
3. Leave be given to the Australasian Performing Right Association Limited to be heard as amicus curiae only to the extent that its submissions do not duplicate the submissions of a party.
4. The summons for leave to be heard as amicus curiae by the Australian Privacy Foundation be dismissed.
5. Leave be granted to the Communications Alliance Limited to be heard as amicus curiae only to the extent that its submissions do not duplicate the submissions of a party.
6. The summons for intervention and for leave to be heard as amicus curiae by the Australian Digital Alliance Ltd be dismissed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: FRENCH CJ, GUMMOW, HAYNE, CRENNAN AND KIEFEL JJ
Full text does not contain this section.