Barrett Property Group Pty Ltd v Dennis Family Homes Pty Ltd [2011] FCA 246 (18 March 2011)

INTELLECTUAL PROPERTY – copyright – whether respondent infringed applicants’ copyright in plans and houses containing an “alfresco quadrant” – subsistence and ownership of copyright conceded – whether the alfresco quadrant a substantial part of the applicants’ works – whether the alfresco quadrant was reproduced in any of the respondent’s works – whether the respondent’s works were independently created – differences in detail and dimension, but overall arrangement of spaces in applicants’ and respondent’s alfresco quadrants was substantially similar – respondent’s designers had access to, and made use of and/or copied, the applicants’ works – infringement claims established.

Evidence Act 1995 (Cth) s 72