Ly v Commonwealth Director of Public Prosecutions [2001] FCA 211

Ly v Commonwealth Director of Public Prosecutions [2001] FCA 211

Having read the affidavit of Simon Paul Mitchell and heard submissions, the Court was satisfied that Grant Raper and Glenn Jenkins were the appropriate respondents, that the Presiding Magistrate should be joined because a jurisdictional argument was to be raised, and that the Commonwealth Director of Public Prosecutions should be removed as a party.

Jurisdiction
Australia
Judgment Date
28 February 2001
Procedural Posture
Appeals in Relation to Convictions Under the Copyright Act 1968 / Notice of Motion to Substitute Respondents and Join the Presiding Magistrate
Outcome
Orders made in accordance with orders one and three in the Notice of Motion filed on 16 February; costs reserved.
Legal Topics
['appeals From Convictions' 'substitution of Parties' 'joinder of Magistrate' 'jurisdictional Argument']
['copyright Law' 'criminal Law' 'civil Procedure'] ['appeals From Convictions' 'substitution of Parties' 'joinder of Magistrate' 'jurisdictional Argument']

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Procedural Posture

Appeals in Relation to Convictions Under the Copyright Act 1968 / Notice of Motion to Substitute Respondents and Join the Presiding Magistrate

Legal Issues

  1. 1 ['Whether the Commonwealth Director of Public Prosecutions should be removed as respondent and replaced by appropriate respondents.' 'Whether the Presiding Magistrate should be joined in view of an anticipated jurisdictional argument.']

Ratio Decidendi

Having read the affidavit of Simon Paul Mitchell and heard submissions, the Court was satisfied that Grant Raper and Glenn Jenkins were the appropriate respondents, that the Presiding Magistrate should be joined because a jurisdictional argument was to be raised, and that the Commonwealth Director of Public Prosecutions should be removed as a party.

Court Disposition

Orders made in accordance with orders one and three in the Notice of Motion filed on 16 February; costs reserved.

Orders

  • ['Grant Raper and Glenn Jenkins are to be substituted as respondents.' 'The Presiding Magistrate is to be joined in her capacity as Presiding Magistrate.' 'The Commonwealth Director of Public Prosecutions should be removed as a party.' 'Any question of costs is reserved.']