A number of groups have sought leave to intervene or be heard as amicus curiae in the High Court appeal from Full Federal Court’s decision in Roadshow Films Pty Limited v iiNet Limited [2011] FCAFC 23.

The High Court will consider what responsibility, if any, internet service providers should bear in relation to allegations that their customers have infringed copyright.  Given the broad implications that this case will have for copyright holders, internet service providers and users, it is no surprise that a number of third parties have filed applications to intervene or to be heard as amicus curiae in the High Court proceedings. 

So far, the following groups have sought leave to intervene and/or be heard as amicus curiae in the proceedings:

  • Australasian Performing Right Association Limited;
  • Australian Recording Industry Association Limited;
  • Media, Entertainment and Arts Alliance and Screen Actors' Guild;
  • Australian Privacy Foundation;
  • Australian Digital Alliance; and
  • Communications Alliance.  

The applications and written submissions of each of these groups are available here.

If a non-party’s interests would be directly or substantially affected by a decision, the Court may grant the non-party leave to intervene and be joined as a party to proceedings.  The Court also has a discretion whether to allow the hearing of an amicus curiae, or friend of the court.  An amicus curiae may be heard if that that person can offer the Court a submission on law or fact which will assist the Court in a way in which the Court may not otherwise have been assisted by the parties.  The principles governing the intervention of third parties were considered by the High Court in Levy v Victoria (1997) 189 CLR 579

You can find more information about the Full Federal Court decision in our earlier blog post here.  Watch this space for further updates about the High Court appeal.