Roadshow Films Pty Limited v Telstra Corporation Limited

THE COURT ORDERS THAT:

1. The Court's orders made on 4 June 2020 (Orders), as amended by the Court's orders made on 30 May 2023, are amended as follows: (a) Order 11 is amended to: (i) Delete the words "and/or" at the end of Order 11(b); (ii) Insert the words "and/or" at the end of Order 11(c); and (iii) Include a new Order 11(d) in the following terms: "for an order in this proceeding extending the period of operation of the orders"; and (b) Order 14 is replaced with the words: "If an Applicant makes an application under order 11(d) to extend the period of operation of these orders, the following procedure applies: (a) the application must be made at least 28 days prior to the expiry of the operation of the orders by filing a minute of the orders sought together with a solicitor's certification in accordance with (b) below; (b) a solicitor on behalf of the Applicant must certify that: (i) within the 6 weeks prior to the application, the solicitor or another representative of the Applicant has attempted to access each Target Online Location via each Target Domain Name; (ii) following the exercise in (b)(i) above, the solicitor has a good faith belief that each Target Online Location that is the subject of the application has not permanently ceased to have the primary purpose or effect of infringing or facilitating the infringement of copyright, and that each Target Domain Name, Target URL or Target IP address that is the subject of the application has not permanently ceased to enable or facilitate access to a Target Online Location; (iii) the Applicant has given the Respondents at least 7 days' notice of the application; (c) the accompanying minute of order may specify any Target Domain Names, Target URLs or Target IP addresses that are excluded from the application; (d) within 7 days of receiving notice of the application, any Respondent objecting to the extension of these orders must notify the Applicant and the Court in writing of the objection and the reasons therefor; (e) if any Respondent objects in accordance with (d) above, the proceeding will be relisted for directions, unless the Court otherwise orders; (f) if no Respondent gives notice of any objection, then the Court may make orders in terms of the Applicant's minute without any further hearing; (g) the Applicant must serve on the Respondents any such orders made; and (h) the Applicant must attempt to give each relevant Target Online Location notice of the Orders made by sending an email to one email address identified by such Location as providing a means to contact its operator or administrator (if any is identified), further notifying it that it may seek to vary or set aside such Orders upon the filing of a notice of appearance with the Court and an appropriate application, supported by affidavit evidence." (c) Order 15 and Order 16 are deleted; and (d) Schedule 1 to the Orders is replaced with Appendix A to these orders.