Washington v Qantas Airways Limited

In *Washington v Qantas Airways Limited*, heard in the Federal Circuit Court of Australia, the applicant, Megan Alexander Washington, alleged that Qantas Airways Limited engaged in misleading or deceptive conduct and made false or misleading representations in contravention of sections 18 and 29 of the Australian Consumer Law. Ms Washington also contended that Qantas breached their agreement and, in contravention of the Copyright Act 1968 (Cth), engaged in unauthorised use of a recording of her performance. The proceedings concerned applications made by both parties for discovery of specific documents.

The court was required to determine the scope of discovery to be ordered in relation to documents concerning the amount Qantas paid for the right to reproduce or communicate recordings of musical artists performing third-party copyright works on its YouTube channel, and documents relating to any agreement between Qantas and Daniel Johns concerning the composition and recording of the song "Atlas" and any sponsorship or endorsement arrangements. The court also considered discovery related to agreements where Ms Washington received payment for sponsoring, approving, or affiliating herself with third parties or their goods and services, or for providing testimonials, and agreements where her performance was recorded, including the purposes for which such recordings might be used.

The court ordered Qantas to provide discovery regarding payments for the reproduction of musical artists' performances on its YouTube channel and the terms of its agreement with Daniel Johns concerning the song "Atlas" and any sponsorship arrangements, with access to these documents restricted to the applicant, her solicitors, and counsel. Conversely, Ms Washington was ordered to provide discovery concerning agreements where she received payment for endorsements or testimonials, and agreements for the recording of her performances and the intended use of those recordings. The court also varied existing orders to extend the time for both parties to file and serve affidavits.