http://www.austlii.edu.au/au/cases/cth/FCA/1998/1775.html

INTELLECTUAL PROPERTY – copyright – infringement – parallel importation – knowingly concerned in possession of copyright material – subsistence of copyright – ownership of copyright – relevance of Universal Copyright Convention symbol and claim to copyright on packaging in establishing ownership of copyright – whether ownership by legal entity – whether limited partnership constitutes legal entity – assignment of ownership of copyright – exclusive licence for distribution of copyright material – whether possession of copyright material by company or by directors of company personally – where copyright material cinematograph films stored in laser video disc format – where copyright owner resident of United States of America and Canada

Evidence Act 1995 (Cth) ss 70 and 171

[2001] NSWSC 462

Evidence – whether evidence of DNA test results was based on the witness’ specialised knowledge based on training, study and experience – Held: Yes.

Evidence – whether evidence of DNA test results had substantial probative value – Held: Yes.

Evidence – whether admission of evidence of DNA test results gave rise to danger of unfair prejudice to accused – Held: No.

ACTS CITED:

Evidence Act 1995 (NSW) ss 70, 79, 135, 137

[2002] NSWSC 323

CRIMINAL LAW & PROCEDURE
murder trial
transactional evidence
evidence to make intelligible the alleged conduct of accused
evidence to show state of mind of accused at time approximate to death of deceased.

Evidence Act 1995, ss 55, 56, 70, 135, 137

[2000] FCA 368

EVIDENCE – opinion rule – whether evidence of an accounting expert wholly or substantially based on the knowledge of that expert

Evidence Act 1995  (Cth), ss 76 & 79

[2003] NSWSC 907

Evidence
Evidence Act 1995 , s136
meaning of “unfairly prejudicial”
where maker of representation not called
where ss 60 or 77 operate

Evidence Act 1995 , s59, s60, s63 s64, s66, s69, s70, s76, s77, s135, s136, s137

[1998] FCA 1580

EVIDENCE – documentary evidence – business records – exception to hearsay – effect provisions creating time limit for objections on admissibility of evidence – whether Pt 4.6 Div 1 of  Evidence Act 1995  (Cth) requires Court not to admit evidence for twenty-one days

Evidence Act 1995  (Cth), ss 26, 47-51, 55, 56, 59, 63, 64, 67, 69, 70-75, 135, 166, 167, 168, 169, 190