Full Court Minute Books

Case S137/2023

Real Estate Tool Box Pty Ltd & Ors v. Campaigntrack Pty Ltd & Anor

Case No.

Case no S16/2023

Case Information

Lower Court Judgment

06/07/2022 Federal Court of Australia (Greenwood; Cheeseman and McElwaine JJ)

[2022] FCAFC  112

[2022] FCAFC 121

Catchwords

Copyright – Infringement – Authorisation – Where s 36(1) of Copyright Act 1968 (Cth) provides copyright infringed by person who, not being owner of copyright, and without licence of owner, does in Australia, or "authorizes" doing in Australia of, any act comprised in copyright – Where s 36(1A) of Copyright Act sets out matters that must be taken into account in determining s 36(1) – Where Full Court found first, second, fifth and sixth applicants infringed copyright in works by authorising infringements of second respondent and other developers in developing system, and by authorising infringements of users in using system – Where Full Court found third and fourth respondents infringed copyright in works by authorising infringements of second respondent – Proper approach to construction of "authorizes" in s 36(1) of Copyright Act – Whether finding of authorisation of infringement of copyright under s 36(1) of Copyright Act requires mental element – Whether authorisation under s 36(1) of Copyright Act may be imposed on persons by imputing to them indifference on account of failure to inquire about supposed infringement.

Documents*

17/02/2023 Hearing (SLA, Canberra by video connection)

28/02/2022 Notice of appeal

11/04/2023 Written submissions (Appellants)

11/04/2023 Chronology (Appellants)

09/05/2023 Written submissions (Respondents)

30/05/2023 Reply

*The due dates shown for documents on this page are indicative only. 

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