Federal Court of Australia
CATCHWORDS
TRADE PRACTICES - COPYRIGHT - BREACH OF CONFIDENCE - Use by respondents of manuals and drawings prepared for purpose of applicant's business by its employees - Title blocks on respondent's drawings falsely claiming ownership - Title to copyright in documents - Whether copyright claim in drawings excluded by industrial application of articles produced from drawings - Transmission of confidential information by former employees of applicants - Jurisdiction of Ceowct to determine copyright claims - Whether breach of confidence action excluded by federal copyright legislation - Whether claims barred by provisions of Part IV of Trade Practices Act - Balance of convenience.
PRACTICE - Anton Piller orders for seizure of documents - Whether seized documents should be returned to respondents pending final hearing - Subpoena to respondent to produce documents - Objection on ground that production may incriminate respondent - Procedure available to obtain production of documents without self-incrimination of producer.
Trade Practices Act 1974 38.4M, 45, 45D, 46, 50, 52 Copyright Act 1968 ss.32, 35, 74, 77, 131A, 131B, 132, 133 Copyright Pequlations r.17
Designs Act 1906 s.30 Constitution s.5l(xxxi), 76(ii)
Crimes Act 1914 s.86 Federal Court of Australia Act 1976 ss.32, 50
Judiciary Act 1903 ss.39, 79, 80 Sherman Anti-Trust Act (USA) ss.1, 2
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION
No. G.161 of 1986
WARMAN INTERNATIONAL LID
First Applicant
WARMAN EQUIPMENT (INTERNATIONAL) LTD
Second Applicant
WARMAN SERVICES LTD Third Applicant
PEKO-WALLSEND OPERATIONS LTD
Fourth Applicant
ENVIROTECH AUSTRALIA pry LIMITED
First Respondent KENNETH WILFRED SYMONDS
Second Respondent
ROSS GRAHAM WALKER Third Respondent
CARRUTHERS BROS PTY LIMITED
Fourth Respondent
CARRUTHERS BROS (HOLDINGS) PTY LIMITED
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