NOTICE OF FILING AND HEARING

This document was lodged electronically in the FEDERAL COURT OF AUSTRALIA (FCA) on 18/04/2016
2:23:10 PM AEST and has been accepted for filing under the Courts Rules. Filing and hearing details follow
and important additional information about these are set out below.

Filing and Hearing Details

Document Lodged:

Originating Application - Form 15 - Rule 8.01(1)

File Number:

NSD545/2016

File Title:

Reason for Listing:

Universal Music Australia Pty Limited ACN 000 158 592 & Ors v TGP
Internet Pty Ltd ACN 068 383 737 & Ors
NEW SOUTH WALES REGISTRY - FEDERAL COURT OF
AUSTRALIA
Case Management Hearing

Time and date for hearing:

06/06/2016, 9:30 AM

Place:

Court Room Not Assigned, Level 17 Law Courts Building Queen's Square,
Sydney

Registry:

Dated: 19/04/2016 9:43:54 AM AEST

Registrar
Important Information

As required by the Courts Rules, this Notice has been inserted as the first page of the document which has been
accepted for electronic filing. It is now taken to be part of that document for the purposes of the proceeding in
the Court and contains important information for all parties to that proceeding. It must be included in the
document served on each of those parties.
The Reason for Listing shown above is descriptive and does not limit the issues that might be dealt with, or the
orders that might be made, at the hearing.
The date and time of lodgment also shown above are the date and time that the document was received by the
Court. Under the Courts Rules the date of filing of the document is the day it was lodged (if that is a business
day for the Registry which accepts it and the document was received by 4.30 pm local time at that Registry) or
otherwise the next working day for that Registry.

Form 15
Rules 8.01(1); 8.04(1)

Originating application

No NSD

of 2016

Federal Court of Australia

District Registry: New South Wales
Division: General

Universal Music Australia Pty Limited (ACN 000 158 592) and others named in the
Schedule
Applicants
TPG Internet Pty Ltd (ACN 068 383 737) and others named in the Schedule
Respondents
To the Respondents
The Applicants apply for the relief set out in this application.
The Court will hear this application, or make orders for the conduct of the proceeding, at the
time and place stated below. If you or your lawyer do not attend, then the Court may make
orders in your absence.
You must file a notice of address for service (Form 10) in the Registry before attending Court
or taking any other steps in the proceeding.

Filed on behalf of: Universal Music Australia Pty Limited and others named in the Schedule, the
Applicants
Prepared by:
Law firm:
Tel:
Email:

Miriam Anne Stiel

Allens
(02) 9230 4000
Miriam.Stiel@allens.com.au

Fax: (02) 9230 5333

Address for service:

Deutsche Bank Place, Corner Hunter and Phillip Streets, Sydney NSW 2000
Email: Miriam.Stiel@allens.com.au
DX: 105 Sydney

2
Time and date for hearing
Place

Law Courts Building, Queens Square, Sydney NSW

Date:

Signed by an officer acting with the

authority of the District Registrar

Details of claim
In this Originating Application:
(a)

Domain Name means a name formed by the rules and procedures of the
Domain Name System (DNS) and includes subdomains;

(b)

URL means a Uniform Resource Locator; and

(c)

Target Online Location means the website known as KickassTorrents or

KAT which is currently accessible via a Domain Name listed in Attachment 1
to this Originating Application.

On the grounds stated in the Statement of Claim, the Applicants claim the following:
1.

An order that each Respondent must, within 15 working days of the grant of these
Orders, take reasonable steps to disable access to the Target Online Location.

2.

An order that without limiting the technical means which the Respondent may
implement to comply with Order 1, Order 1 is deemed to have been complied with by
a Respondent if that Respondent implements at its discretion any of the following
measures:
(a)

DNS blocking in respect of each Domain Name listed in Attachment 1; or

(b)

any alternative technical means for disabling access to the Target Online
Location as agreed in writing between an Applicant and a Respondent.

3.

An order that each Respondent must redirect any communication by a user of its
service seeking access to the Target Online Location which has been disabled
pursuant to Order 1 to a webpage established, maintained and hosted by or on behalf
of the Applicants pursuant to Order 4.

4.

An order that the Applicants are to cause a webpage to be established, maintained

and hosted which makes available the following information to users of a
Respondents service who have been redirected to the webpage pursuant to Order 3:
(a)

that access to the Target Online Location has been disabled by order of this
Court because the Target Online Location infringes or facilitates the
infringement of copyright.

5.

An order that the Applicants will notify each of the Respondents in writing of the URL
of the webpage established, maintained and hosted under Order 4 and, if the
webpage ceases to operate for any reason, will notify each of the Respondents in
writing of a different URL that complies with Order 4.

4
6.

An order that the Applicants must notify each Respondent, in writing, within 15 days
of the Applicants (or any one of them) becoming aware that any Domain Name listed
in Attachment 1 ceased to enable or facilitate access to the Target Online Location,
or that the Target Online Location has ceased to have the primary purpose of
infringing or facilitating the infringement of copyright, in which case, the Respondents
shall no longer be required to take steps to disable access to the Target Online
Location in accordance with Order 1.

7.

An order that Order 1 is to operate for a period of 36 months from the date of the
grant of these Orders.

8.

An order that the parties have liberty to apply on 3 days' written notice, including,
without limitation, for the purpose of any application:
(a)

for an order in this proceedings extending the period of operation of Order 1;

(b)

for further orders to give effect to the terms of these Orders;

(c)

for further orders in the event of any material change of circumstances

including, without limitation, in respect of the costs, consequences for the
parties and effectiveness of the technical methods under Order 2; and/or

(d)

for orders relating to other means of accessing the Target Online Location not
already covered by these Order.

9.

An order for costs of this application against any Respondent who enters an
appearance and takes part in the proceedings pursuant to s 115A(9) of the Copyright
Act 1968 (Cth).

10.

Such further or other orders as the Court sees fit.

Applicants address
The Applicants' address for service is:
Place:

Allens, Deutsche Bank Place, Corner Hunter and Phillip Streets,

Sydney NSW 2000

Email:

Miriam.Stiel@allens.com.au

The First Applicants address is 150 William Street, Sydney NSW 2011.
The Second Applicant's address is 16 Mountain Street, Ultimo NSW 2007.
The Third Applicant's address is Level 4, 68-72 Wentworth Avenue, Surry Hills NSW 2010.
The Fourth Applicant's address is 11-19 Hargrave Street, East Sydney NSW 2010.

5
The Fifth Applicant's address is 39 Albany Street, Crows Nest NSW 2065.

Service on the Respondent

It is intended to serve this application on all Respondents.
Date: 18 April 2016

Signed by Miriam Anne Stiel

Lawyer for the Applicants

Schedule
No NSD

of 2016

Federal Court of Australia

District Registry: New South Wales
Division: General

Applicants
Second Applicant:

Australasian Performing Right Association Ltd (ACN 000 016

099)

Third Applicant:

J Albert & Son Pty Ltd (ACN 000 026 513)

Fourth Applicant:

Sony Music Entertainment Australia Pty Ltd (ACN 107 133 184)

Fifth Applicant:

Warner Music Australia Pty. Limited (ACN 000 815 565)

Respondents
Second Respondent:

iiNet Limited (ACN 068 628 937)

Third Respondent:

Optus Networks Pty Limited (ACN 008 570 330)

Fourth Respondent:

Optus Mobile Pty Limited (ACN 054 365 696)

Fifth Respondent:

Uecomm Pty Limited (ACN 079 083 195)

Sixth Respondent:

Optus Fixed Infrastructure Pty Limited (ACN 092 450 783)

Seventh Respondent:

Uecomm Operations Pty Limited (ACN 093 504 100)

Eighth Respondent:

Vividwireless Pty Ltd (ACN 137 696 461)

Ninth Respondent:

Vividwireless Group Ltd (ACN 008 082 737)

Tenth Respondent:

Virgin Mobile (Australia) Pty Limited (ACN 092 726 442)

Eleventh Respondent:

Alphawest Pty Limited (ACN 009 222 931)

Twelfth Respondent:

Optus Wholesale Pty Limited (ACN 092 227 551)

Thirteenth Respondent:

Optus Internet Pty Limited (ACN 083 164 532)

Fourteenth Respondent:

Optus Backbone Investments Pty Limited (ACN 138 676 356)

Fifteenth Respondent:

Telstra Corporation Limited (ACN 051 775 556)

Sixteenth Respondent:

Pacnet Services (A) Pty. Ltd. (ACN 056 783 852)

Seventeenth Respondent: Pacnet Internet (A) Pty Ltd (ACN 085 213 690)

7
Eighteenth Respondent:
Date 18 April 2016

Foxtel Management Pty Limited (ACN 068 671 938)

Attachment 1
Target Online Location
No.

Domain Name

1.

kat.cr

2.

kat.ph

3.

katproxy.is

4.

kickass.ac

5.

kickass.ag

6.

kickass.to

7.

kickassto.co

8.

thekat.tv