On 30 July 2008, Sundberg J in the Federal Court ordered that proceedings concerning a dispute over copyright ownership in the film “The Secret” be stayed until the outcome of proceedings concerning ownership, infringement and damages in the US District Court.

The Court denied an application by TS Production LLC ("TS Production”) for a motion to restrain Drew Pictures Pty Ltd from pursuing action in Illinois while the Australian proceeding is on foot.

The US, where the film was first published and substantially exploited, was considered the most appropriate jurisdiction for Drew Pictures Pty Ltd to issue proceedings. The Australian proceedings were described as “vexatious and oppressive.”

More:

• TS Production LLC v Drew Pictures Pty Ltd [2008] FCA 1110 (30 July 2008)

• * TS Production LLC v Drew Pictures Pty Ltd [2008] FCA 1329 (27 August 2008): court order that application for leave to appeal Sundberg J's decision be heard by Full Court rather than single judge