This was a procedural decision made in the course of a
substantive action for copyright infringement brought by members of
the Universal Music Group against Mr Clive Palmer. It arises out of
the use by the United Australia Party (UAP) during
the last federal election campaign of a substantial part of the
music and lyrics of the song "We're Not Gonna Take
It".
In practice, the decision gives guidance on when evidence
in-person can be insisted upon (and not) and further cements the
position in Aon on the overarching purpose of case management.
As set out by the court, 'the undisputed evidence is that
the song was composed and written by Dee Snider, the lead singer of
the American heavy metal band, Twisted Sister. While the
respondent, Clive Palmer, initially disputed the applicants'
copyright, agreed facts filed in the proceeding include the facts
that copyright in the song is held by the second applicant, Songs
of Universal, Inc. and that the first applicant,
