User Group Meeting
Sydney, Tuesday, 31 March 2009, 5pm
DRAFT MINUTES
Present:
Copyright Tribunal:
Justice Emmett, President (Convenor)
Federal Magistrate Driver, Deputy President
Tony Tesoriero, Registrar
Federal Court of Australia:
Paddy Hannigan, Deputy District Registrar
Ben Williams, Associate
Legal Practitioners (in alphabetical order):
Julia Baird
John Fairbairn
Kate Haddock
Michael Hall
Timothy Webb
1. Welcome
The President welcomed those attending the meeting.
2. Approval of Previous Minutes
Minutes of meeting on 9 July 2008 adopted.
3. Appointment of Deputy President
The President said that the process for the appointment of a new Deputy President is now with the Attorney-Generals Department.
4. Next Meeting
The next meeting will be on Wednesday, 14 October 2009 at 5pm.
5. Discussion
Streamlining Procedures
The President said that he would approach Justice Michael Fysh from the UK Copyright Tribunal to obtain the standard directions given by Copyright Tribunal in UK.
Use of John Maddison Tower
It was noted that John Maddison Tower is a suitable venue for directions hearings for the Tribunal but not for final hearings.
Document production
Document production in the Tribunal, whether inter parties or by a third party is potentially costly, particularly if it is used as a quasi "discovery" process.
When a collecting society refers a licence scheme to the Tribunal, it should be in a position to present its case as to why the terms are reasonable. Should the Tribunal develop a practice that a collecting society should not seek the production of documents, whether by other parties to a reference or otherwise, until it has filed its evidence in chief?
Further, or alternatively, should a party be required to seek permission and justify the need for a summons prior to it being issued?
If so, should this be done by way of a practice note? Should a request for a summons be referred to a Presidential member?
ACCC
Discussion that ACCC to confirm interest in a Tribunal matter early.