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Oceania

This tag is associated with 4 posts

COPYRIGHT – Equitable remuneration – Government use of artistic works – Survey plans – Use for State land title registration system – Remuneration for non-government use of artistic works COPYRIGHT – Reproduction – Distinction between reproduction and electronic communication – Treatment of reproduction and communication on the same basis – Whether appropriate in particular circumstances COPYRIGHT – Equitable remuneration – Distinction between compensation for the provision of survey plans and remuneration for use of copyright works – Economic justification for charging for use of copyright works – State economic policies

Copyright Agency Limited v State of New South Wales (includes Corrigendum dated 28 August 2013) [2013] ACopyT 1 (17 July 2013) Last Updated: 29 August 2013 COPYRIGHT TRIBUNAL OF AUSTRALIA Copyright Agency Limited v State of New South Wales [2013] ACopyT 1 Citation: Copyright Agency Limited v State of New South Wales [2013] ACopyT 1 Parties: COPYRIGHT … Continue reading

Ultimately, on a basis that is not presently relevant, some accommodation was reached between PPCA’s solicitors and the Network Broadcasters’ solicitors, who as I said, are Free TV’s solicitors, as to the documents that would be produced in answer to the summonses. I have no doubt that that involved an element of give and take or compromise and reflects the pragmatic approach that is often very sensible in relation to these sorts of disputes. It may well be that the documents were produced without conceding that they were relevant. On the other hand, the question of relevance would be a sterile inquiry at this stage of the proceeding. 32 If it be the fact that a significant part of the costs for performing the work to which I have referred were incurred in connection with the production of documents that ultimately are shown to have had no relevance to the proceeding, that is a matter that could be taken into account at the end of the day when the reference has been determined. I do not consider that it is appropriate at this stage to make any order for the payment of the costs of complying with the summonses. I consider that at present, the costs of complying with the summonses should prima facie be treated as Free TV’s costs of the proceeding, having regard to the connection between Free TV, on the one hand, and the Network Broadcasters. 33 I consider that the appropriate course is to defer to the occasion when consideration is given to costs generally, either at or after the final hearing, the question of whether, and, if so to what extent, the costs of complying with the summonses should be treated as something other than the costs of Free TV’s participation in the proceeding. On the other hand, as I have already said, the FremantleMedia bodies have no connection with Free TV and should properly be treated as third parties to the proceeding, such that their costs should be ordered on the basis that I have already indicated.

Phonographic Performance Company of Australia Limited under section 154(1) of the Copyright Act 1968 (Cth) [2009] ACopyT 1 (29 October 2009) Last Updated: 2 February 2010 COPYRIGHT TRIBUNAL OF AUSTRALIA Phonographic Performance Company of Australia Limited under section 154(1) of the Copyright Act 1968 (Cth) [2009] ACopyT 1  Copyright Act 1968 (Cth) ss 154, 163, 164, 166, 167 Copyright Tribunal (Procedure) Regulations 1969 (Cth) rr 47, 48  … Continue reading

Livestock Transport (Sydney) Pty Limited is a horse transport company. It claims to have suffered substantial financial loss as a result of the introduction of equine influenza into Australia in August 2007, which greatly restricted horse movement and transport for a period of time. By these proceedings, Livestock Transport seeks to recover its losses from the Commonwealth of Australia. The claim is based on the allegation that the spread of the virus among horses in various parts of New South Wales and Queensland was due to negligence in the administration of the nation’s quarantine system. 2 Livestock Transport alleges that a stallion named “Snitzel” from Japan who was received at the Eastern Creek Quarantine Station was infected with equine influenza at the time of his arrival and that the virus subsequently escaped from that facility as a result of the fact that grooms, farriers and private veterinarians attending horses there were not required to take adequate steps to decontaminate themselves upon leaving the facility. It seeks to have the Commonwealth held liable for the consequences of those events as the entity responsible for quarantine in Australia, the occupier of the Eastern Creek Quarantine Station and pursuant to a statutory duty of care alleged to arise under the Quarantine Act 1908 (Cth). 3 The Commonwealth admits that it was the occupier of the Eastern Creek Quarantine Station and that it was responsible for quarantine in Australia but denies that it owed any duty of care to Livestock Transport in the circumstances alleged. The Commonwealth also denies that the virus escaped from the Eastern Creek Quarantine Station in the manner alleged, denies breach of any duty owed to Livestock Transport and denies that the company suffered any loss caused by the events alleged. 4 Separately, the Commonwealth has pleaded that it cannot be vicariously liable for the allegedly negligent acts or omissions of any of the relevant officers since those persons are immune from suit by operation of section 82(1) of the Quarantine Act (paragraph 52 of the defence). The Commonwealth further pleads that it cannot be liable because any loss suffered by Livestock Transport was caused by reason of the wrongful acts or omissions of public officers which occurred in the course of their acting in the performance or purported performance of a duty imposed by the Quarantine Act (paragraph 53 of the defence). The matter presently before the Court is an application by Livestock Transport to have those defences struck out.

Livestock Transport (Sydney) Pty Limited v Commonwealth of Australia [2011] NSWSC 7 (2 February 2011) Last Updated: 14 March 2011 Supreme Court New South Wales Case Title: Livestock Transport (Sydney) Pty Limited v Commonwealth of Australia Medium Neutral Citation: [2011] NSWSC 7 Hearing Date(s): 21 September 2010 Decision Date: 02 February 2011 Jurisdiction: Before: McCallum … Continue reading

CORPORATIONS – application for removal of liquidator pursuant to s 503 of the Corporations Act 2001 (Cth) on grounds of apprehended bias – HELD – application dismissed – ESTOPPEL – whether plaintiff estopped from seeking removal of liquidator on Anshun principles – whether application for removal otherwise an abuse of process – HELD – Anshun estoppel established

Accord Pacific Holdings Pty Ltd v Gleeson as liquidator of Accord Pacific Land Pty Ltd (in liq) [2011] NSWSC 1021 (2 September 2011) Last Updated: 5 September 2011 Supreme Court New South Wales Case Title: Accord Pacific Holdings Pty Ltd v Gleeson as liquidator of Accord Pacific Land Pty Ltd (in liq) Medium Neutral Citation: … Continue reading

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