The Australian reports on the decision of the Full Federal Court to allow contempt proceedings to proceed in Universal Music Australia Pty Ltd v
Sharman Networks Ltd [2006] FCAFC 41 and Sharman’s response.
Kim Weatherall discusses the problems in the form of the original orders.
Mandatory injunctions (whereby people are to ordered do something rather than prevented from doing something) are notoriously difficult to enforce and this case is a good example. From a practical viewpoint the situation may have been different if Sharman , having been found to infringe, were ordered to make a payment into court until the situation was finalised.