Federal Court of Australia
Federal Court of Australia
Canview Pty Ltd v Gilmore [2024] FCA 586 Appeal from: Canview Pty Ltd v Gilmore [2024] FCA 551
File number: QUD 269 of 2024
Judgment of: LOGAN J
Date of judgment: 27 May 2024
Catchwords: PRACTICE AND PROCEDURE – where the applicant applies for leave to appeal from interlocutory orders made granting interlocutory injunctive relief and a related stay on the operation of those orders – where there are related proceedings in the Supreme Court of Queensland (QSC) – where the impugned orders relate to the use by the respondent of particular information for the purpose of legal advice in both the proceedings in the Federal Court of Australia (FCA) and the QSC – where there exists possibility for embarrassment between the FCA and QSC due to overlapping issues between proceedings – whether first instance proceedings in the FCA should be cross-vested to the QSC – application for leave to appeal and related stay dismissed by consent, first instance proceedings cross-vested
Legislation: Copyright Act 1968 (Cth) ss 131A, 131C Judiciary Act 1903 (Cth) s 39 Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 5 Federal Court Rules 2011 (Cth) r 36.08
Cases cited: Bankinvest AG v Seabrook (1988) 14 NSWLR 711 BHP Billiton Ltd v Schultz (2004) 221 CLR 400 Canview Pty Ltd v Gilmore [2024] FCA 551
Division: General Division
Registry: Queensland
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
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