Federal Court of Australia
Copyright Tribunal of Australia
DLA Group Pty Limited v Western Australia (Summons) [2023] ACopyT 1 File number: CT 1 of 2022
The Tribunal: PERRAM J (PRESIDENT)
Date of decision: 16 June 2023
Catchwords: PRACTICE AND PROCEDURE – application to issue summons requiring Respondent to produce documents – where categories of production objected to
Legislation: Copyright Act 1968 (Cth) ss 167(3), 183(5)
Cases cited: DLA Group Pty Limited v Western Australia (Costs of Joinder Application) [2022] ACopyT 6 Reference by APRA AMCOS (Summonses) [2022] ACopyT 4
Number of paragraphs: 37
Date of last submissions: 18 April 2023
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr M Green SC, Mr J Mack and 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
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
TRIBUNAL: PERRAM J (PRESIDENT) DATE OF ORDER: 16 June 2023
THE TRIBUNAL ORDERS THAT:
1. The parties provide a draft summons to the Tribunal reflecting these reasons. 2. Mr David Lewis be granted access to the documents subject to the confidentiality regime in these proceedings. 3. Order 2 be stayed for 14 days, during which time Civica Pty Ltd and Civica Education Pty Ltd have liberty to apply to set aside that order. THE TRIBUNAL NOTES THAT: 4. Mr David Lewis gave a confidentiality undertaking to the Tribunal on 18 April 2023.
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