Autodesk Australia P/L v. Dyason, M.P. & Ors [1994] FCA 1039

Autodesk Australia P/L v. Dyason, M.P. & Ors [1994] FCA 1039

Special circumstances justified releasing the applicants from undertakings restricting the use of affidavit information, permitting use of such information to contact third parties and bring proceedings against them for copyright infringement as per statutory rights provided under the Copyright Act.

Parties
Applicant: Autodesk Australia Pty Ltd; Respondent: Martin Patrick Dyason; Respondent: Mrs Dyason; Respondent: Peter Vincent Kelly
Jurisdiction
Australia
Judgment Date
12 December 1994
Procedural Posture
Motion on Notice / Return of Motion for Orders Modifying Use of Affidavits and Release From Undertakings
Outcome
Orders granted as sought; application allowed.
Legal Topics
Use of Affidavit Evidence Against Third Parties, Release From Court Undertakings, Anton Piller Orders
Practice and Procedure Copyright Use of Affidavit Evidence Against Third Parties Release From Court Undertakings Anton Piller Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Autodesk Australia Pty Ltd

Applicant

Martin Patrick Dyason

Respondent

Mrs Dyason

Respondent

Peter Vincent Kelly

Respondent

Procedural Posture

Motion on Notice / Return of Motion for Orders Modifying Use of Affidavits and Release From Undertakings

Legal Issues

  1. 1 Whether the applicants may use information in affidavits filed pursuant to court orders to bring proceedings against third parties
  2. 2 Whether solicitors should be released from undertakings not to disclose names or addresses in affidavits except for purposes of the proceeding

Ratio Decidendi

Special circumstances justified releasing the applicants from undertakings restricting the use of affidavit information, permitting use of such information to contact third parties and bring proceedings against them for copyright infringement as per statutory rights provided under the Copyright Act.

Court Disposition

Orders granted as sought; application allowed.

Orders

  • Applicants have leave to use affidavit information to contact persons named and request delivery up of autokeys for destruction or disposal, or to bring proceedings against them.
  • Julian Stephens and Katarina Klaric released from undertakings given to the Court on 6 June 1994.