Universal Music Publishing Pty Ltd v Palmer

Universal Music Publishing Pty Ltd sought damages for copyright infringement against Palmer, the application was set down for a trial. Palmer applied on the eve of the trial for the hearing dates to be vacated, citing the possibility that the Queensland/NSW border would be opened in the near future, which would allow his witnesses to attend in person. The application was opposed by Universal Music Publishing Pty Ltd, who argued that the trial was ready to proceed, all witnesses were prepared, and the respondent’s credibility was a significant issue.

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.