The duty of a trial judge to give adequate reasons was at the heart of a recent appeal before the Full Federal Court brought by Carlisle Homes Pty Ltd. Carlisle, who we are acting for, was sued by Barrett Property Group Pty Ltd (Porter Davis Homes) for allegedly infringing copyright in Barrett plans such as “the Seattle”. Barrett has sued several industry players for infringing copyright in the ‘al fresco quadrant’ component of this plan (an open plan area plus courtyard under a single roofline). Carlisle lost at first instance and appealed the decision.
Over the past two years, the Federal Court of Australia has implemented extensive procedural reforms to streamline court procedure and thereby reduce cost and delay for litigants.
The Victorian fast track list caters for a range of proceedings including those arising out of or relating to commercial transactions, construction of commercial documents, and most cases involving IP rights. Sixty-five cases have been filed in the list since its inception in 2007, just over a third of which have been IP matters.
Mallesons’ Melbourne Intellectual Property team recently acted for Telstra in its successful application to intervene in the High Court appeal between Channel 9 and Ice TV. As an articled clerk in the Intellectual Property team, I attended court (sitting in Canberra) and assisted with Telstra’s preparation (for all the fun and excitement that was had, click here and here.