Wednesday, 19 October 2005
Interested in why/how the High Court refused special leave in The Panel case? Read Starkoff’s post.
UPDATE: Warwick Rothnie has also commented at some length on the issue. (true confessions: not sure I agree with Rothnie’s basic point here, which is that, in the end, substantial part is just a matter of fact/judgment. But while I think our law on ‘substantial part’ is now problematic for Part IV works, that’s not the Full Federal Court’s fault. That’s the High Court’s fault, for saying that ‘quality’ is relevant for Part IV subject matters. How do you judge ‘quality’ of non-original works, if not by the ‘highlights’ method used by the Full Court?).
2 Responses to “The Panel special leave refusal”
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October 20th, 2005 at 7:18 pm
The High Court wrong? That would require legislation or a different High Court.
In the meantime, have a look at
October 23rd, 2005 at 10:34 am
Apologies for the link dropping off the previous comment:
http://www.austlii.edu.au/au/cases/cth/federal_ct/2005/1404.html