Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lai-Ha v McCusker [2000] FCA 493 COPYRIGHT – application by way of appeal from a conviction in the Local Court for offences under the Copyright Act 1968 (Cth) – nature of appeal – whether appeal in strict sense – whether appeal a hearing de novo Copyright Act 1968 (Cth), ss 131A, 131B, 131C, 132(1)(b), 132(2A)(b) Olsen v Hutchison (1992) AIPC ¶90-928 considered
KAM LAI-HA v LEANNE McCUSKER & MARY STELLA JERRAM N 203 OF 2000 EMMETT J SYDNEY 4 APRIL 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 203 OF 2000
BETWEEN: KAM LAI-HA
APPLICANT
AND: LEANNE McCUSKER
FIRST RESPONDENT
MARY STELLA JERRAM
SECOND RESPONDENT JUDGE: EMMETT J
DATE OF ORDER: 4 APRIL 2000
WHERE MADE: SYDNEY
THE COURT:
1. Orders that the second respondent be removed as a party to the proceedings.
2. Directs the first respondent to file and serve, no later than 18 April 2000, a copy of the record of the proceedings before the Local Court comprising the transcript of oral evidence, exhibits, reasons for judgment and orders.
3. Directs the applicant to file and serve, no later than 30 May 2000, any affidavits intended to be relied on in support of any application to adduce further evidence.
4. Directs the applicant to file and serve, no later than 27 June 2000, an outline of contentions in support of the appeal and application for leave to adduce further evidence.
5. Directs the first respondent to file and serve, no later than 11 July 2000, an outline of contentions in reply.
6. Directs the applicant, if the applicant wishes to do so, to file and serve, no later than 18 July 2000, any contentions in reply.
7. Fixes the matter for hearing for two days commencing 24 July 2000 at 10.15am.
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