Federal Court of Australia
Copyright Tribunal of Australia
Reference by APRA AMCOS (Set Aside Application) [2023] ACopyT 4 File number: CT 1 of 2021
The Tribunal: PERRAM J (PRESIDENT)
Date of decision: 5 December 2023
Catchwords: PRACTICE AND PROCEDURE – application to set aside summonses – where summonses were agreed between the parties – whether material change of circumstances since summonses issued
Cases cited: Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Reference by APRA AMCOS (Summons) [2023] ACopyT 3 Reference by APRA AMCOS (Summonses) [2022] ACopyT 4
Number of paragraphs: 5
Date of hearing: 5 December 2023
Counsel for the Applicants: Mr M Hall SC, Ms R De Stoop and Ms M Evetts
Solicitor for the Applicants: Banki Haddock Fiora
Counsel for Stan Entertainment Pty Ltd: Ms A Campbell
Solicitor for Stan Entertainment Pty Ltd: MinterEllison
Counsel for Netflix, Inc: Mr B Cameron
Solicitor for Netflix, Inc: Simpsons Solicitors
COMMONWEALTH OF AUSTRALIA
COPYRIGHT ACT 1968 IN THE COPYRIGHT TRIBUNAL CT 1 of 2021
REFERENCE BY: AUSTRALASIAN PERFORMING RIGHT ASSOCIATION LIMITED ABN 42 000 016 099
AUSTRALASIAN MECHANICAL COPYRIGHT OWNERS' SOCIETY LIMITED ABN 78 001 678 851 Applicants
TRIBUNAL: PERRAM J (PRESIDENT) DATE OF ORDER: 5 december 2023
THE TRIBUNAL ORDERS THAT:
1. The application to set aside categories 1 and 3 of the summons to APRA AMCOS dated 22 June 2023 and category 1 of the summons to APRA AMCOS dated 8 August 2023 be dismissed. 2. The return date of the two summonses referred to in order 1 be varied to 15 February 2024.
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