Application by Copyright Agency Ltd under section 153C of the Copyright Act 1968 [1998] ACOPYT 3

No restrictions should be imposed on the applicant's freedom to approach witnesses working at the respondent universities to obtain evidence, as the process was conducted openly and there is no property in a witness.

Parties: Applicant: Copyright Agency Limited; Respondents: The University of Adelaide, The Australian National University, Australian Catholic University, University of Ballarat, Bond University, University of Canberra, Central Queensland University, Charles Sturt University, Curtin University of Technology, Deakin University, Edith Cowan University, The Flinders University of South Australia, Griffith University, James Cook University of North Queensland, La Trobe University, Macquarie University, The University of Melbourne, Monash University, Murdoch University, The University of New England, The University of New South Wales, The University of Newcastle, Northern Territory University, The University of Queensland, Queensland University of Technology, Royal Melbourne Institute of Technology Limited, Southern Cross University, Swinburne University of Technology, The University of Sydney, University of Tasmania, University of Southern Queensland, University of South Australia, University of Technology - Sydney, Victoria University of Technology, The University of Western Australia, University of Western Sydney, University of Wollongong
Jurisdiction: Australia
Judgment Date: 03 July 1998
Procedural Posture: Reference / Interlocutory Application for Directions Regarding Obtaining Evidence
Outcome: Orders made in accordance with the directions submitted by applicant's counsel; no restrictive order imposed.
Legal Topics: Obtaining Evidence, Conduct in Adversarial Proceedings, Witnesses

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Parties

Applicant

The University of Adelaide, The Australian National University, Australian Catholic University, University of Ballarat, Bond University, University of Canberra, Central Queensland University, Charles Sturt University, Curtin University of Technology, Deakin University, Edith Cowan University, The Flinders University of South Australia, Griffith University, James Cook University of North Queensland, La Trobe University, Macquarie University, The University of Melbourne, Monash University, Murdoch University, The University of New England, The University of New South Wales, The University of Newcastle, Northern Territory University, The University of Queensland, Queensland University of Technology, Royal Melbourne Institute of Technology Limited, Southern Cross University, Swinburne University of Technology, The University of Sydney, University of Tasmania, University of Southern Queensland, University of South Australia, University of Technology - Sydney, Victoria University of Technology, The University of Western Australia, University of Western Sydney, University of Wollongong

Respondents

Procedural Posture

Reference / Interlocutory Application for Directions Regarding Obtaining Evidence

Legal Issues

1 Whether there should be restrictions on the applicant's approach to witnesses employed by the respondent universities for the purpose of obtaining evidence

Ratio Decidendi

Court Disposition

Orders made in accordance with the directions submitted by applicant's counsel; no restrictive order imposed.

Orders

Orders in accordance with the directions submitted by Mr Catterns.