Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Francis v Allen & Unwin [2014] FCA 1027 Citation: Francis v Allen & Unwin [2014] FCA 1027
Parties: JANETTE GAIL FRANCIS v ALLEN & UNWIN PTY LIMITED, LINDSAY SIMPSON, PAMELA WALTERS, REX WALTERS and LORRAINE WALTERS
File number: NSD 339 of 2014
Judge: KATZMANN J
Date of judgment: 22 September 2014
Catchwords: PRACTICE AND PROCEDURE – application by respondents for summary judgment – whether applicant has reasonable prospect of successfully prosecuting the proceeding – claim of infringement of copyright and moral rights in artistic work – photograph – photograph alleged to be a self-portrait of the applicant – factual dispute about the identity of the subject – whether real issue of fact to be tried – whether applicant's case that she is the subject of the photograph fanciful, frivolous, vexatious or an abuse of process – Federal Court of Australia Act 1976 (Cth), s 31A(2)
Legislation: Copyright Act 1968 (Cth) ss 10, 31, 31A, 35 , 36, 115, 189, 195AC, 195AI, 195AK, Division 6 of Part IX Evidence Act 1995 (Cth), s 75 Federal Court of Australia Act 1976 (Cth) s 31A(2)
Cases cited: Australian Securities and Investments Commission v Cassimatis (2013) 220 FCR 256 Cachia v Hanes (1994) 179 CLR 403 George v Fletcher (Trustee) (No 2) [2010] FCAFC 71 George v Fletcher (Trustee) [2010] FCAFC 53 Jefferson Ford Pty Ltd v Ford Motor Company of Australia Ltd (2008) 167 FCR 372 Spencer v Commonwealth of Australia (2010) 241 CLR 118 Visscher v Teekay Shipping (Australia) Pty Limited (No 3) [2012] FCA 212
Date of hearing: 18 September 2014
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