Australian Competition & Consumer Commission v Warner Music Australia Pty Ltd [1999] FCA 1396

Australian Competition & Consumer Commission v Warner Music Australia Pty Ltd [1999] FCA 1396

The Court held that while the need for the motion partly arose from ambiguous drafting of the statement of claim, had the respondents raised the issue with the applicant prior to filing, the dispute could likely have been resolved without a hearing. Costs of the motion will be costs in the proceedings. Amended pleadings are to be filed, and interlocutory applications should only be made after full discussion between parties.

Jurisdiction
Australia
Judgment Date
02 December 1999
Procedural Posture
Interlocutory Motions / Directions Hearing; Ruling on Motions
Outcome
Interlocutory motions stood over; no part struck out; costs orders made; liberty to apply granted.
Legal Topics
['interlocutory Applications' 'pleadings' 'copyright Act 1968 Section 10 Aa' 'importation of Cds']
['competition Law' 'intellectual Property Law'] ['interlocutory Applications' 'pleadings' 'copyright Act 1968 Section 10 Aa' 'importation of Cds']

Case Brief

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Procedural Posture

Interlocutory Motions / Directions Hearing; Ruling on Motions

Legal Issues

  1. 1 ['Whether proceedings should be struck out due to deficiencies in the statement of claim' 'Whether particulars relating to imported CDs under s 10AA of the Copyright Act 1968 should be ordered' 'Appropriate process for resolving interlocutory and pleading matters']

Ratio Decidendi

The Court held that while the need for the motion partly arose from ambiguous drafting of the statement of claim, had the respondents raised the issue with the applicant prior to filing, the dispute could likely have been resolved without a hearing. Costs of the motion will be costs in the proceedings. Amended pleadings are to be filed, and interlocutory applications should only be made after full discussion between parties.

Court Disposition

Interlocutory motions stood over; no part struck out; costs orders made; liberty to apply granted.

Orders

  • ['No motion to be filed unless accompanied by a certificate that relevant discussion between parties has occurred and resolution was not possible.' "Notices of motion (except as dismissed regarding third respondent's trading corporation status) stood over until 10 March 2000." "No order as to costs concerning third...