Application by Copyright Agency Ltd under section 153C of the Copyright Act 1968 [1998] ACOPYT 1

Application by Copyright Agency Ltd under section 153C of the Copyright Act 1968 [1998] ACOPYT 1

The Tribunal deferred making a final or formal ruling on the application, standing it over until after the applicant's evidence on sampling and statistical procedures is filed, to allow properly informed consideration and possible agreement between the parties on suitable methods.

Jurisdiction
Australia
Judgment Date
15 April 1998
Procedural Posture
Reference Under Copyright Act 1968 Section 153 C / Interlocutory Application; Decision Stood Over
Outcome
Application stood over; no formal ruling made at this stage; costs reserved
Legal Topics
['sampling Procedures' 'statistical Evidence' 'rates for Remuneration Under Copyright Licence']
['copyright'] ['sampling Procedures' 'statistical Evidence' 'rates for Remuneration Under Copyright Licence']

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Procedural Posture

Reference Under Copyright Act 1968 Section 153 C / Interlocutory Application; Decision Stood Over

Legal Issues

  1. 1 ['Whether it is premature to decide the application prior to evidence on sampling and statistical methods being put on' 'Procedural management of decision-splitting and timing']

Ratio Decidendi

The Tribunal deferred making a final or formal ruling on the application, standing it over until after the applicant's evidence on sampling and statistical procedures is filed, to allow properly informed consideration and possible agreement between the parties on suitable methods.

Court Disposition

Application stood over; no formal ruling made at this stage; costs reserved

Orders

  • ['The present application is stood over until after the filing of evidence by Mr Catterns; application may be renewed depending on the evidence filed; costs reserved']