Aristocrat Technologies Australia Pty Ltd and Ors v. Global Gaming Supplies Pty Ltd and Ors
Aristocrat Technologies Australia Pty Ltd and Ors v. Allam and Ors
Case Nos.
S168/2012; S169/2012
Case Information
Lower Court Judgment
25/05/2012 Federal Court of Australia (Bennett, Middleton and Yates JJ)
21/03/2012 Federal Court of Australia (Bennett, Middleton and Yates JJ)
[2012] FCAFC 75, [2012] FCAFC 34
Catchwords
Evidence – Tendency evidence – Evidence Act 1995 (Cth), s 97 – Applicants engaged in business of manufacturing and selling electronic gaming machines – Applicants alleged that the respondents infringed copyright under s 38 of the Copyright Act 1968 (Cth) by selling counterfeited gaming machines – Infringement of copyright in circumstances where respondent 'knew, or ought reasonably to have known, the making of the article constituted an infringement of copyright' – Email chain that demonstrated that the respondents had a tendency to engage in infringing transactions – Whether emails inadmissible tendency evidence – Whether the limitation on tendency evidence in s 97 of the Evidence Act 1995 applies to evidence of a person's awareness or state of mind about that person's own prior activities where the issue is the person's knowledge or reasons to believe under s 38 of the Copyright Act 1968 (Cth).
Intellectual Property – Copyright – Copyright Act 1968 (Cth), s 38 –Infringement – Infringement by dealing – Whether respondents infringed applicants' copyright.
Documents
22/06/2012 Application for special leave to appeal
16/11/2012 Hearing (SLA, Sydney)
21/12/2012 Written submissions - S168/2012 (Applicants)
21/12/2012 Chronology - S168/2012
21/12/2012 Written submissions - S169/2012 (Applicants)
21/12/2012 Chronology - S169/2012
01/02/2013 Written submissions (Respondents - S168/2012 and Third to Fifth Respondents - S169/2012)
01/02/2013 Written submissions (First and Sixth Respondents - S169/2012)
01/02/2013 Notice of Contention (First and Sixth Respondents - S169/2012)
22/02/2013 Reply
02/05/2013 Hearing (Full Court, Canberra)
10/05/2013 Publication of Reasons for Decision (Judgment summary)