Federal Court of Australia
Copyright Tribunal of Australia
DLA Group Pty Limited v Western Australia (Costs of Joinder Application) [2022] ACopyT 6 File number: CT 1 of 2022
The Tribunal: PERRAM J (ACTING PRESIDENT)
Date of decision: 11 November 2022
Date of publication of reasons: 17 November 2022
Catchwords: COSTS – where third parties file joinder application – where joinder application no longer pressed – whether the Tribunal has power to order non-parties parties to pay costs
Legislation: Copyright Act 1968 (Cth) ss 153E, 174, 183
Cases cited: Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622
Number of paragraphs: 7
Date of hearing: 11 November 2022
Counsel for the Applicant: Mr B Cameron
Solicitor for the Applicant: Harris Freidman Lawyers
Counsel for the Respondent: Ms F St John
Solicitor for the Respondent: Herbert Smith Freehills
Counsel for the Civica Entities: Mr P Flynn SC
Solicitor for the Civica Entities: Gilbert + Tobin
COMMONWEALTH OF AUSTRALIA
COPYRIGHT ACT 1968 IN THE COPYRIGHT TRIBUNAL CT 1 of 2022
BETWEEN: THE DLA GROUP PTY LIMITED (ACN 003 329 039) Applicant
AND: THE STATE OF WESTERN AUSTRALIA Respondent
CIVICA PTY LTD (ACN 003 691 718)
CIVICA EDUCATION PTY LTD (ACN 086 405 174) Third Parties
TRIBUNAL: PERRAM J (ACTING PRESIDENT) DATE OF ORDER: 11 November 2022
THE TRIBUNAL ORDERS THAT:
1. There be no order as to costs on the interlocutory application.
REASONS FOR DETERMINATION
PERRAM J (ACTING PRESIDENT): 1 This is an application for costs. The Applicant is The DLA Group Pty Ltd ('DLA Group'), the Respondent is the State of Western Australia ('the State') and there are two third parties, Civica Pty Ltd and Civica Education Pty Ltd (together, the 'Civica Entities'). DLA Group and the State seek an order that the Civica Entities pay the costs they incurred in meeting an application by the Civica Entities to be joined to the proceeding. That application is no longer pressed and as a result of an order made on 11 November 2022 is being treated as if it had been discontinued. 2 There are two issues: does the Tribunal have the power to order the Civica Entities to pay costs; and if it does, how should that power be exercised?
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