Ombudsman’s immunity does not apply to claims of software copyright infringement
The NSW Ombudsman has lost a claim for immunity from liability for copyright infringements alleged by a software company: see MicroFocus v NSW [2011] FCA 787. Whilst interesting, the decision is unlikely to have widespread application because the court did not need to consider the broader question of whether the federal Copyright Act was inconsistent with the state legislation conferring immunity on a statutory officeholder.