Federal Court of Australia
COPYRIGHT TRIBUNAL OF AUSTRALIA
Application by Isentia Pty Limited [2020] ACopyT 1 File number: CT 2 of 2018
The Tribunal: GREENWOOD J (PRESIDENT)
Date of decision: 22 April 2020
Legislation: Copyright Act 1968 (Cth), ss 157(3)
Cases cited: Application by Isentia Pty Limited [2018] ACopyT 4
Date of hearing: 21 February 2020 and 27 February 2020
Date of last submissions: 27 February 2020
Category: No Catchwords
Number of paragraphs: 208
Counsel for the Applicant: Mr P Brereton SC with Ms L Thomas
Solicitor for the Applicant: Clayton Utz
Counsel for the Respondent: Mr C Dimitriadis SC with Ms E Whitby
Solicitor for the Respondent: MinterEllison
COMMONWEALTH OF AUSTRALIA
Copyright Act 1968 IN THE COPYRIGHT TRIBUNAL CT 2 of 2018
application by: ISENTIA PTY LIMITED (ACN 002 533 851)
BETWEEN: ISENTIA PTY LIMITED (ACN 002 533 851) Applicant
AND: COPYRIGHT AGENCY LIMITED (ACN 001 228 799) Respondent
TRIBUNAL: GREENWOOD J (PRESIDENT)
date of order: 22 APRIL 2020
THE TRIBUNAL DIRECTS THAT:
1. The amended application filed on 17 January 2020 is dismissed. 2. The costs of and incidental to the application are reserved for later determination. 3. The request of the applicant and other applicants who have filed applications under s 157(3) of the Copyright Act 1968 (Cth) (the "Act"), Meltwater Australia Pty Ltd ("Meltwater") and Streem Pty Limited ("Streem") to refer particular questions to the Federal Court of Australia for a determination is refused. 4. The five questions referred to at [202] of the decision published today are set aside for determination separately from other questions. 5. The representatives for Isentia Pty Limited, Meltwater and Streem are directed to advise the Associate to the President of dates in May when counsel and solicitors will be available to participate in a hearing of matters in relation to the five questions referred to in Direction 4. 6. The costs of and incidental to the request to refer the five questions to the Federal Court of Australia are reserved for later determination. 7. The parties are directed to conduct discussions so as to propose directions for the future conduct of the applications with a view to submitting proposed directions to the Tribunal by the end of April but preferably by 4.00pm on Monday, 27 April 2020.
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