Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ogawa v Spender [2006] FCAFC 68
COURTS AND JUDICIAL SYSTEM – judges – immunity from suit – copyright – not infringed by anything done for purposes of a judicial proceeding – infringement of moral rights – no comparable protection of things done for purposes of a judicial proceeding – proceeding against judge for infringement of moral rights of litigant – whether judge protected by judicial immunity – whether absence from moral rights regime of provision comparable to provision in relation to infringement of copyright means there is no judicial immunity in that context
Held: The judge was entitled to the immunity
Copyright Act 1968 (Cth) ss 43(1), 195AI, 195AJ, 195AQ(2), 195AZA Fingleton v The Queen (2005) 216 ALR 474 applied Re East; Ex parte Nguyen (1998) 196 CLR 354 cited Sirros v Moore [1975] QB 118 applied Donnelly v Edelsten (1994) 121 ALR 333 cited Dr Martens Australia Pty Ltd v Figgins Holdings Pty Ltd (No 2) [2000] FCA 602 cited Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 cited John S Hayes & Associates Pty Ltd v Kimberley‑Clark Australia Pty Ltd (1994) 52 FCR 201 cited MGICA (1992) Pty Ltd v Kenny & Good Pty Ltd (1996) 70 FCR 236 cited Laddie, Prescott and Vitoria, The Modern Law of Copyright and Designs 3rd ed (2000) MEGUMI OGAWA v JEFFREY ERNEST JOHN SPENDER QUD 582 OF 2005 SUNDBERG, KENNY and GYLES JJ 19 MAY 2006 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 582 OF 2005
ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND
BETWEEN: MEGUMI OGAWA
APPELLANT
AND: JEFFREY ERNEST JOHN SPENDER
RESPONDENT
JUDGES: SUNDBERG, KENNY and GYLES JJ
DATE OF ORDER: 19 MAY 2006
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
(1) The appeal be dismissed.
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