Welcome Real-time SA v Catuity Inc (No 2)

Welcome Real-time SA, trading as Welcome, brought proceedings against Catuity Inc in the Federal Court of Australia. Welcome alleged that Catuity had infringed Welcome’s copyright by using Welcome’s software without authorisation. The case, before Justice Gilmour, reached a stage where orders were being considered in relation to costs and the release of the proceedings’ transcript.

The court was required to determine the appropriate orders regarding the costs of the proceedings and the release of the transcript. Specifically, the court needed to decide whether the order for costs made on 24 July 2001 should be stayed and if the transcript should be withheld from public release to protect any confidential information. Additionally, the court had to consider whether to reserve liberty to apply for further orders.

The court decided to stay the order for costs for 14 days to allow the applicant’s solicitors to review the transcript and protect any confidential information. It also reserved liberty to apply for further orders. The court ordered that the transcript of the proceedings be made available to the applicant’s solicitors before being released to the public, to ensure that any confidential information was adequately safeguarded.