Commonwealth of Australia v Oceantalk Pty Ltd (t/as Navionics Australia) [1998] FCA 34

FEDERAL COURT OF AUSTRALIA COPYRIGHT - Crown copyright - construction of s 176 of the Copyright Act 1968 - what Commonwealth has to prove under that section - proof of originality of work - reference to the manner of making charts from pre-existing sources - whether previous charts are copied - particulars which should be supplied by the Commonwealth

PRACTICE AND PROCEDURE - particulars - whether issue genuinely in dispute - particulars of originality in case where artistic works were charts in the production of which previous charts were used

EVIDENCE - Admission - mixed fact and law - facts not really known by party making admission - effect of admission Copyright Act 1968, ss 32, 176, 177, 180 Eastern Express Pty Limited v General Newspapers Pty Limited (1992) 35 FCR 43 followed Rhône-Poulenc Agrochimie SA v UIM Chemical Services Pty Ltd (1986) 12 FCR 477 referred to Comptroller of Customs v Western Lectric Co. Ltd. [1966] AC 367 followed Elram International Actuators Ltd v Fluid Power Engineering Ltd [1984] FSR 151 followed Universal Press Pty Ltd v Provest Ltd (1989) 87 ALR 497 distinguished COMMONWEALTH OF AUSTRALIA v OCEANTALK AUSTRALIA PTY LTD (trading as Navionics Australia) NG 625 of 1996 BURCHETT J SYDNEY 2 FEBRUARY 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 625 of 1996

BETWEEN: COMMONWEALTH OF AUSTRALIA

Applicant

AND: OCEANTALK AUSTRALIA PTY LTD

(trading as Navionics Australia)

First Respondent

NAVIONICS S.p.A

Second Respondent

JUDGE: BURCHETT J

DATE OF ORDER: 2 FEBRUARY 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The respondents bring in, on a date to be fixed, short minutes of orders appropriate to be made in the light of the reasons of the Court. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.