Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Micro Focus (US) Inc v State of New South Wales (New South Wales Police Force) [2011] FCA 787 Citation: Micro Focus (US) Inc v State of New South Wales (New South Wales Police Force) [2011] FCA 787
Parties: MICRO FOCUS (US) INC, MICRO FOCUS (IP) LIMITED and MICRO FOCUS IP DEVELOPMENT LIMITED v STATE OF NEW SOUTH WALES (NEW SOUTH WALES POLICE FORCE), POLICE INTEGRITY COMMISSION and STATE OF NEW SOUTH WALES (NEW SOUTH WALES OMBUDSMAN)
File number(s): NSD 640 of 2011
Judge: JAGOT J
Date of judgment: 15 July 2011
Catchwords: COPYRIGHT – infringement – whether s 35A of the Ombudsman Act 1974 (NSW) conferred immunity from liability in respect of alleged acts of copyright infringement STATUTORY INTERPRETATION – whether installation of computer software constituted an act done by the Ombudsman "for the purpose of executing" the Police Act 1990 (NSW) – whether s 35A of the Ombudsman Act 1974 (NSW) binding on the Federal Court in respect of proceedings under the Copyright Act 1968 (Cth) in light of s 79 of the Judiciary Act 1903 (Cth) – whether the Copyright Act 1968 (Cth) "otherwise provided" within the meaning of s 79 of the Judiciary Act 1903 (Cth)
Legislation: Copyright Act 1968 (Cth) ss 7, 10, 31, 115, 116 Federal Court of Australia Act 1976 (Cth) s 31A Judiciary Act 1903 (Cth) s 79 Ombudsman Act 1974 (NSW) ss 6, 35A Police Act 1990 (NSW) Pt 8A Federal Court Rules O 9 r 7
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