Bell v Steele (No 2) [2012] FCA 62

FEDERAL COURT OF AUSTRALIA

Bell v Steele (No 2) [2012] FCA 62 Citation: Bell v Steele (No 2) [2012] FCA 62

Parties: RICHARD KENNETH BELL v TANYA STEELE

File number: QUD 391 of 2011

Judge: COLLIER J

Date of judgment: 7 February 2012

Catchwords: PRACTICE AND PROCEDURE – order pursuant to r 5.23(2)(c)(d) Federal Court Rules 2011 – failure of respondent to comply with order to file Defence – default judgment sought by applicant – claimed breach of copyright – damages – copyright infringement unjustifiable pursuant to s 202(1) Copyright Act 1968 (Cth)

Legislation: Copyright Act 1968 (Cth) s 202(1) Federal Court Rules r 5.23(2)(c), (d)

Date of hearing: 7 February 2012

Place: Brisbane

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 19

Solicitor for the Applicant: Mr J Swinson of Mallesons

Counsel for the Respondent: The Respondent did not appear

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 391 of 2011

BETWEEN: RICHARD KENNETH BELL

Applicant

AND: TANYA STEELE

Respondent

JUDGE: COLLIER J DATE OF ORDER: 7 FEBRUARY 2012 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The respondent being properly served pursuant to the order of 6 December 2011 and not having filed a defence, the judgment of the court is that: (a) the applicant is the owner of the copyright in the raw footage for a cinematographic film entitled "The Blackfella's Guide to New York" as referred to in the statement of claim; (b) the applicant is the owner of the copyright in the trailer for a cinematographic film entitled "The Blackfella's Guide to New York" as referred to in the statement of claim; (c) the respondent's threat of legal proceedings in relation to copyright infringement is unjustifiable pursuant to s 202(1) of the Copyright Act 1968 (Cth). 2. The respondent pay the applicant's costs of and incidental to the proceedings. 3. The applicant file evidence as to quantum of damages pursuant to s 202(1) of the Copyright Act 1968 (Cth), and costs by 16 February 2012. 4. The matter be set down for hearing as to quantum of damages pursuant to s 202(1) of the Copyright Act 1968 (Cth) and costs for half (½) a day at 10.15 am on 13 March 2012. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.