Universal Music Publishing Pty Ltd v Palmer [2020] FCA 1472

Universal Music Publishing Pty Ltd v Palmer [2020] FCA 1472

Adjournment was refused because there was no material change in circumstances regarding border openings, the asserted prejudice could be addressed adequately by remote testimony, and it was in the interests of justice and efficient use of court resources to proceed. The importance of remote cross-examination can be managed by current technology and does not outweigh the public interest in prompt, efficient disposal of litigation.

Parties
First Applicant: Universal Music Publishing Pty Ltd; Second Applicant: Songs of Universal, Inc.; Respondent: Clive Frederick Palmer
Jurisdiction
Australia
Judgment Date
12 October 2020
Procedural Posture
Interlocutory Application / Application to Vacate Hearing Dates (adjournment), Orders on Interlocutory Application
Outcome
Application for adjournment dismissed; respondent to pay applicants' costs.
Legal Topics
Adjournment of Trial, Remote Hearings, COVID 19 Pandemic, Copyright Infringement
Practice and Procedure Intellectual Property Adjournment of Trial Remote Hearings COVID 19 Pandemic Copyright Infringement

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Parties

Universal Music Publishing Pty Ltd

First Applicant

Songs of Universal, Inc.

Second Applicant

Clive Frederick Palmer

Respondent

Procedural Posture

Interlocutory Application / Application to Vacate Hearing Dates (adjournment), Orders on Interlocutory Application

Legal Issues

  1. 1 Whether the hearing dates for the copyright infringement trial should be vacated and the trial adjourned due to COVID-19 and border closures, or whether alternative arrangements for remote evidence are sufficient

Ratio Decidendi

Adjournment was refused because there was no material change in circumstances regarding border openings, the asserted prejudice could be addressed adequately by remote testimony, and it was in the interests of justice and efficient use of court resources to proceed. The importance of remote cross-examination can be managed by current technology and does not outweigh the public interest in prompt, efficient disposal of litigation.

Court Disposition

Application for adjournment dismissed; respondent to pay applicants' costs.

Orders

  • The amended interlocutory application filed on 12 October 2020 be dismissed.
  • The respondent pay the applicants' costs.