FEDERAL COURT OF AUSTRALIA
Universal Music Publishing Pty Ltd v Palmer [2020] FCA 1472
File number: NSD 161 of 2019 Judgment of: KATZMANN J Date of judgment: 12 October 2020 Date of publication of reasons: 13 October 2020 Catchwords: PRACTICE AND PROCEDURE — application by respondent on the eve of a trial for the hearing dates to be vacated — where arrangements had been made for hearing to take place through video conferencing software during COVID-19 pandemic — where remote trial protocol has been agreed — where witnesses are in disparate locations in Australia and overseas and all the respondent’s witnesses are in Queensland — where the application is based on the possibility that the Queensland/NSW border will be opened in the near future — where trial preparation is under way, the applicants oppose the application, the respondent’s credit is a significant issue and he consents to paying the applicants’ costs forthwith and on an indemnity basis, whether in the interests of justice to grant the adjournment Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 47A(1)
Federal Court Rules 2011 (Cth) r 1.32
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175
Australian Securities and Investments Commission v GetSwift Limited [2020] FCA 504
Australian Securities and Investments Commission v Wilson [2020] FCA 873; 146 ACSR 149
Bomanite Pty Ltd v Slatex Corp AustPty Limited (1991) 32 FCR 379
Campaign Master (UK) Ltd v Forty Two International Pty Ltd (No 3) (2009) 181 FCR 152
Capic v Ford Motor Company of Australia Limited (Adjournment) [2020] FCA 486
Jarvie v The Magistrates’ Court of Victoria at Brunswick [1995] 1 VR 84
R v Ngo (2003) 57 NSWLR 55
Division: General Division Registry: New South Wales National Practice Area: Intellectual Property Sub-area: Copyright and Industrial Designs Number of paragraphs: 39 Date of hearing: 12 October 2020 Counsel for the Applicants: Mr P W Flynn SC with Mr W H Wu Solicitor for the Applicants: Simpsons Solicitors Counsel for the Respondent: Mr P Williams Solicitor for the Respondent: Alexander Law ORDERS
NSD 161 of 2019 BETWEEN: UNIVERSAL MUSIC PUBLISHING PTY LTD
First Applicant
SONGS OF UNIVERSAL, INC.
Second Applicant
AND: CLIVE FREDERICK PALMER
Respondent
ORDER MADE BY:
KATZMANN J
DATE OF ORDER:
12 OCTOBER 2020
THE COURT ORDERS THAT:
1.The amended interlocutory application filed on 12 October 2020 be dismissed.
2.The respondent pay the applicants’ costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
KATZMANN J:
This is a case about copyright infringement. It arises out of the alleged use by the United Australia Party (UAP) during the last federal election campaign of a substantial part of the music and lyrics of the song “We’re Not Gonna Take It”. The undisputed evidence is that the song was composed and…
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- Case
- [2020] FCA 1472
- Decision Date
CaseChat Overview and Summary
The court considered whether it was in the interests of justice to grant the adjournment, despite the fact that arrangements had been made for the hearing to take place through video conferencing software during the COVID-19 pandemic. The court noted that a remote trial protocol had been agreed, witnesses were in disparate locations in Australia and overseas, and all the respondent’s witnesses were in Queensland. The court also considered the respondent’s credit, which was a significant issue in the case, and the fact that the respondent consented to paying the applicants’ costs forthwith and on an indemnity basis.
The court found that it was not in the interests of justice to grant the adjournment. The court noted that the trial was ready to proceed, all witnesses were prepared, and the respondent’s credibility was a significant issue. The court also considered the respondent’s consent to pay the applicants’ costs forthwith and on an indemnity basis. The court dismissed the amended interlocutory application filed on 12 October 2020 and ordered the respondent to pay the applicants’ costs.
The court made an order that the amended interlocutory application filed on 12 October 2020 be dismissed and that the respondent pay the applicants’ costs. The entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Orders
Orders of the court
1. The amended interlocutory application filed on 12 October 2020 be dismissed.
2. The respondent pay the applicants’ costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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