Bell v Steele [2011] FCA 1390

Bell v Steele [2011] FCA 1390

The Court granted leave because the applicant satisfied r 10.43: the respondent was likely in the United States; service by international registered post with return receipt was permitted by or in accordance with the Hague Convention and United States law; the Court had jurisdiction over the Copyright Act claims;...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 December 2011
Procedural Posture
Proceeding Seeking Declarations and Damages Under the Copyright Act 1968 (cth) Arising From an Alleged Contravention of S 202(1) / Ex Parte Interlocutory Application for Leave to Serve Originating Application Outside Australia
Outcome
Leave granted to serve the originating application, statement of claim, interlocutory application and affidavit on the respondent in the United States by international registered post with return receipt.
Legal Topics
['service of Originating Application in a Foreign Country' 'hague Convention Service by Postal Channels' 'prima Facie Case for Leave to Serve Outside Australia' 'groundless Threats of Copyright Infringement Proceedings']
['practice and Procedure' 'copyright' 'private International Law'] ['service of Originating Application in a Foreign Country' 'hague Convention Service by Postal Channels' 'prima Facie Case for Leave to Serve Outside Australia' 'groundless Threats of Copyright Infringement Proceedings']

Source-derived case record

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Procedural Posture

Proceeding Seeking Declarations and Damages Under the Copyright Act 1968 (cth) Arising From an Alleged Contravention of S 202(1) / Ex Parte Interlocutory Application for Leave to Serve Originating Application Outside Australia

Legal Issues

  1. 1 ['Whether the applicant should have leave under r 10.43 of the Federal Court Rules to serve the originating application and related documents on the respondent in the United States of America' 'Whether service by international registered post with return receipt to New York is permitted by or in accordance with the Hague Convention or United States law' 'Whether the Court has jurisdiction, the proceeding is of a kind mentioned in r 10.42, and the applicant has a prima facie case for relief']

Ratio Decidendi

The Court granted leave because the applicant satisfied r 10.43: the respondent was likely in the United States; service by international registered post with return receipt was permitted by or in accordance with the Hague Convention and United States law; the Court had jurisdiction over the Copyright Act claims; the proceeding fell within r 10.42; and the material established a prima facie controversy about copyright ownership and alleged groundless threats warranting the Court's processes.

Court Disposition

Leave granted to serve the originating application, statement of claim, interlocutory application and affidavit on the respondent in the United States by international registered post with return receipt.

Orders

  • ['The Applicant have leave to serve the Originating Application and Statement of Claim dated 21 October 2011 and filed 24 October 2011; This Interlocutory Application dated 2 December 2011; The Affidavit of John Victor Swinson sworn on 2 December 2011; by sending the documents by international registered post with...