Audio-Visual Copyright Society Limited v Foxtel Management Pty Ltd (No 1) [2003] ACopyT 2

FEDERAL COURT OF AUSTRALIA

Audio-Visual Copyright Society Limited v Foxtel Management Pty Ltd (No 1) [2003] ACopyT 2

COPYRIGHT – Copyright Tribunal – evidence – survey evidence – application by respondents in advance of final hearing for direction by President of Tribunal that applicants not be permitted to tender proposed survey evidence on final hearing – whether power to give such direction – whether, as a matter of discretion, direction should be given. EVIDENCE – Copyright Tribunal – survey evidence – application by respondents in advance of final hearing for direction by President of Tribunal that applicants not be permitted to tender proposed survey evidence on final hearing – whether power to give such direction – whether, as a matter of discretion, direction should be given.

Copyright Act 1968 (Cth) Pt VC (ss 135ZZI–135ZZZE), 153M, 164 Copyright Tribunal (Procedure) Regulations 1969 (Cth)reg 36A

Arnotts Ltd v Trade Practices Commission (1990) 24 FCR 313 referred to Centurion Roller Shutters Pty Ltd v Automatic Technology (Australia) Pty Ltd (1999) 47 IPR 126 discussed

AUDIO-VISUAL COPYRIGHT SOCIETY LIMITED v

FOXTEL MANAGEMENT PTY LIMITED & Ors CT 3 of 2002 LINDGREN P 2 DECEMBER 2003 SYDNEY

IN THE COPYRIGHT TRIBUNAL CT 3 OF 2002

BETWEEN: AUDIO-VISUAL COPYRIGHT SOCIETY LIMITED

APPLICANT

AND: FOXTEL MANAGEMENT PTY LIMITED

FIRST RESPONDENT

OPTUS VISION MEDIA PTY LIMITED

SECOND RESPONDENT

AUSTAR ENTERTAINMENT PTY LIMITED

THIRD RESPONDENT

TRIBUNAL: LINDGREN P

DATE OF ORDER: 1 DECEMBER 2003

WHERE MADE: SYDNEY

THE TRIBUNAL ORDERS THAT: 1. The direction sought by the respondents be refused.

IN THE COPYRIGHT TRIBUNAL CT 3 OF 2002

BETWEEN: AUDIO-VISUAL COPYRIGHT SOCIETY LIMITED