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  • 04-Mar-2024 15:30 | Cassidy Lau (Administrator)

    UN Women Australia has announced its theme of International Women’s Day 2024 as: Count Her In: Accelerating Gender Equality Through Economic Empowerment. At the Western Sydney Business Connection we wholeheartedly embrace this theme! We present, in collaboration with Westgate Executive Search, a leadership interview series featuring six influential women in our region. With an exclusive article each day leading up to the 8th of March, we celebrate prominent female leaders shaping Western Sydney's business, social and economic landscape. Explore their perspectives, experiences, and commitment to diversity and inclusion.


    In our second feature article, we delve into the experiences that ignited a passion for advocacy in Amanda Rose, Founder of Western Sydney Women. From facing socio-economic disadvantages to challenging negative perceptions, Amanda shares her inspiring journey of empowering women in the region. Read on as we explore her vision for change and future of Women in Western Sydney.

    Amanda Rose

    Entrepreneur and Advocate for Women in Business

    Amanda Rose (#BossLady) is an advocate for women in business, a media commentator, keynote speaker and an entrepreneur. Appearing weekly on Sunrise and SkyNews and contributing regularly to the Australian Financial Review, the Daily Telegraph and SmartCompany, Amanda applies compassionate critical thinking to disseminate complex issues affecting everyday Australians. Amanda is the Founder and CEO of Entrepreneurial & Small Business Women Australia (ESBWA) and the Founder and CEO of Western Sydney Women. As a mentor and advisor to women in executive roles and SMEs, Amanda is known for her strategic, practical approach to leadership and business.






    Jacqueline Clements: This year, the theme the UN has chosen for International Women's Day is 'Count her In.' Against this backdrop, could you share the experiences that inspired you to become an advocate for women in Western Sydney?

    Amanda Rose: My drive to advocate for women in the region and eventually founding my organisation Western Sydney Women, came from seeing the socio-economic disadvantages and the prejudice that stemmed from simply being born and working in Western Sydney. I found that girls and women here didn’t have access to the same resources as people on the other side of Sydney. There was this prejudice that you had no ambition, that you didn't care. And I found this quite oppressive. I simply had enough of the disadvantage and wanted women to have the freedom to pursue their aspirations without facing unfair judgement based on their birthplace or workplace.

    My own experience growing up was an important drive too. I come from a working class family and you don't realise how much people dismiss you until you say you are from Western Sydney or that you are working class. I can only imagine what it must be like for those who are immigrants as well. When I told people that I went to school in Regents Park or Greenacre, they had no idea where this was and derogatorily called me a ‘Westie’. Luckily I was encouraged from a young age to take on the world and now I’m proud to be a ‘Westie’. But it doesn’t take away that I felt humiliated many times by people frowning upon where I came from or saying I had done well for myself.

    While it is hard to change the negative perceptions and prejudice of those outside of the region, I decided that I could inspire and encourage those living here. Empower them to be proud of where they came from. Given that Western Sydney is witnessing the largest investment in New South Wales, and with everyone competing for a slice of the money, it is disheartening to see the persistent and widespread disadvantages across many pockets of our community. I decided to address the disadvantage through various avenues, such as events, programs, and advocacy. It is all aimed at empowering women, giving them a voice, and ensuring they achieve economic independence, whatever that means to them. That is in short the backdrop for founding Western Sydney Women, now eight years ago. I have since expanded advocating for women on a national scale, through founding an organisation called Entrepreneurial & Small Business Women in Australia.

    J: What opportunities do you see for advancing women in Western Sydney and what are the changes that will need to take place?

    A: Obviously there are lots of jobs available, but women still face barriers in accessing these opportunities. Some women might need flexible work arrangements, or they might need upskilling. Childcare is important for many women. Without it they won’t be able to work or study, obtaining the required skills for these jobs. We need the government and large corporations to make an effort in this space. We also need to change the narrative in Western Sydney. It shouldn’t matter whether you are a male or a female. Equal opportunity is about providing access to work for migrants, generational Australians and women. This will make a tremendous difference in the community.

    I can’t shake the impression that many organisations only pay attention to women when there are staff shortages. Only then they realise there are issues with childcare, with women carrying so much more of the burden at home. They suddenly understand we have not sufficiently addressed these challenges. It requires a cultural shift. Luckily the number of women in management roles is increasing. They understand the barriers and are often willing to do something about it. Change is happening, but it’s happening at a snail's pace.

    Unfortunately we are often discouraged talking about these issues. But raising awareness without fear of what people say is important. Negatively labelling the raising of issues is just deflection, showing that the boys club is real. Women who are interested in higher positions are often overlooked for someone's mate, and that is a cultural problem. We now have all these educated women, all these women with experience and passion who are missing out, which means companies are missing out.

    J: Mentoring often comes up as a tool in creating equal opportunities for women. You are a mentor yourself. Can you explain why mentoring is so often proposed as a career accelerator for women?

    A: The reality is that men have mentors by default. They might not explicitly call them mentors, but they have easy access to advice. When they don’t know something they pick up the phone, call their father’s friend, or ask a more experienced colleague at work. They are naturally surrounded by wisdom, advice and connections. Whereas in my experience, women often don’t ask for help, worried that they are not good enough. The consequence is that they miss out on opportunities.

    I learned that mentoring is a way to even the playing field, to make sure that women have access to that wisdom, to that advice. This could for example be encouraging a girl to go to university and eventually running her own business. Or it could be encouraging someone in a corporate role who believes she can’t get a promotion. To me mentoring means empowering someone to use their skills and tap into what they already know in order to succeed in the workplace or at school.

    My advice to women is to ask more people for help, not necessarily through a formal mentorship, but reaching out and asking others for their opinion and wisdom. And mix it up. Don't just ask that one person but create a network of people. I would also encourage everyone to become a mentor and embrace helping others. It doesn’t matter what level you are at, everyone has something to teach to someone else.

    J: You are organising a large Summit on the ‘Future of Women in Western Sydney’ on the 8th of March. Can you tell a bit more about this event and can people still sign up for it?

    A: We are organising the Summit now for the second time and it is the signature event of Western Sydney Women. It's the first of its kind. So often we see International Women's Day events that are just courtesy or a tick box. We aspire with this summit to have a substantial event with a serious dialogue. An event that highlights key female players and discusses the issues and opportunities for women in Western Sydney as well as the changes we would like to see happen.

    It is a platform for people to share their visions, their experiences and their insights in what is needed for women in the region. Are we approaching it in the right way? Are we addressing key issues such as transport and entrepreneurship effectively? We want to spotlight remarkable women who have achieved success, making the voices heard of those who quietly drive progress within organisations. Women often don’t call out their achievements, so we need to do that on their behalf. This event encourages conversation and connections across different industries and different organisations. We even have schools attending. If you want to learn more about what's really happening in Western Sydney, what women are really doing behind the scenes, this is the event to go to.

    For more information, visit our website - westernsydneysummit.com.au/

    Presented in collaboration with:

    By Jacqueline Clements
    CEO, Westgate Executive Search


  • 01-Mar-2024 09:00 | Cassidy Lau (Administrator)

    UN Women Australia has announced its theme of International Women’s Day 2024 as: Count Her In: Accelerating Gender Equality Through Economic Empowerment. At the Western Sydney Business Connection we wholeheartedly embrace this theme! We present, in collaboration with Westgate Executive Search, a leadership interview series featuring six influential women in our region. With an exclusive article each day leading up to the 8th of March, we celebrate prominent female leaders shaping Western Sydney's business, social and economic landscape. Explore their perspectives, experiences, and commitment to diversity and inclusion.


    We kick off this empowering series with our first feature article: Lindy Deitz, General Manager at Campbelltown City Council, interviewed by Jacqueline Clements from Westgate Executive Search. Lindy's insights sets the stage for an enlightening series showcasing the remarkable women driving success in Western Sydney.

    Lindy Deitz

    General Manager, Campbelltown City Council

    Lindy Deitz is the General Manager of Campbelltown City Council, leading the transformative journey of one of the largest and oldest councils in NSW. With over 30 years of experience in local government, Lindy brings a wealth of knowledge and a strong commitment to serving the Campbelltown community. Her leadership has been instrumental in driving innovative change and advocating for the diverse needs of the region. Lindy is passionate about inclusivity and her limitless dedication is key in shaping the future of Campbelltown as a vibrant and sustainable city.



    Jacqueline Clements: With nearly 30 years of experience in local government you bring substantive knowledge and experience to your role of General Manager of Campbelltown City Council. Can you share what attracted you to working in local government and how you got to this point in your career?

    Lindy Deitz: My career just happened through embracing opportunities that came my way. I never set out to be a general manager in local government. I learned over time that the council is a really wonderful place to work and make a difference for the community, so I kept going. It is incredibly diverse. One moment I am dealing with issues around the garbage pickup service and the next minute I am meeting with the Premier.

    But the council is not where I started my journey. Initially I was trained as a registered nurse and worked in health care. Not being able to provide the quality of care I aspired to, I became increasingly disillusioned with the health system. So I embraced the opportunity to work for the community when a position came up in local government. As a Campbelltown resident I knew there was so much depth and strength in this amazing community, but its voice was not heard. I had a desire to be an advocate for the community and make a difference in peoples’ lives.

    After 30 years this is what still drives me today. Of course a lot has changed since. When I first arrived, cows were grazing nearby. Now the cows have been replaced by a thriving city centre. But as a fringe metropolitan council we still have some of these beautiful features. Our community often describes us as ‘where city meets bush’, offering the best of both worlds, including the warmth and kindness of a country town. I have met so many incredibly kindhearted people here and some of them experience adversity, but keep showing resilience and generosity. They fuel my passion for working here.

    What makes local government really appealing to me is that we are the closest level of government to people. It is important that we understand our community and advocate for them to other levels of government. It’s an honour and a privilege to be able to try and fight for things that make life better for our residents and those living in the wider region. Councils often compete against one another for funding from the government, but our residents don't live within a local government boundary. They shop where they like to shop and go for entertainment where they please. There is no line in the sand. As local governments we need to acknowledge this through working together, drawing from each other’s strengths. That way we can achieve the best outcomes for our communities.

    J: Can you share some of the experiences and influences from your upbringing that have shaped your understanding of cultural diversity and gender roles, and how these experiences inform your approach as a female leader?

    L: My mother was born in Sri Lanka and my father in Australia. Back in the days they were among the first people to have what was back then called a ‘mixed marriage’. I grew up in a small country town in Victoria and people used to spit at me and call me names. This utterly confused me as I was born here and didn’t understand why I was different. My mother was one of the first nurses of colour in white Australia to work in a hospital. It was an experiment to see whether patients would tolerate a non-white nurse at their bedside. I grew up with a lot of racism.

    But I also grew up with the culture of my mum, where it was custom to look after the men in the family. She would work all day and then came home to look after my dad and us children. Growing up like this gave me an understanding that people have different cultural backgrounds and different expectations from gender roles. But at the same time I always used to challenge my mum, questioning why my brother didn’t have to clean the kitchen.

    As a female leader I now have a role to play in changing the culture and set an example for other women. But it is not without its challenges. Unfortunately I still regularly interact with people who struggle with the fact that I am a female leader. This is something that still exists, particularly when dealing with diverse cultural backgrounds. Through my own upbringing I understand these different cultural attitudes towards gender roles. I therefore never directly confront different viewpoints in an argumentative way, but try to influence in a manner that motivates people to rethink their beliefs. Putting pressure and driving people in a defensive position will not make them change their mind. My approach is to do my job well and show results. But I always make clear that if I treat someone with respect, I expect that respect back and it shouldn’t matter that I am a woman.

    J: What are your approaches to leadership and how do you create an inclusive workplace at Campbelltown City Council?

    L: My approach to leadership is very much a team approach as opposed to hierarchy. I believe that every single person working at Campbelltown City Council makes an important contribution to our community. We emphasise teamwork and community service. I like this somewhat old fashioned notion of being public servants. In my opinion this exactly describes our role. We are here to serve the public and we want the customer experience to be of a high quality.

    A significant part of our role is to listen and try to understand what challenges people experience and how we can resolve those. I believe in empowering people to recognise that each individual plays an important role and contributes equally to the team's success. Traditionally people working in local government would stay within their own swim lane, operating in silos. However, I believe it is essential to break down those barriers. Understanding different parts of the business is crucial for effectively serving the public. When someone seeks help, having a broader perspective enables us to provide a more comprehensive service.

    This broader perspective also comes from diversity in our teams. We are quite fortunate to have a good gender balance and a staff profile that reflects our community. We also employ people with disabilities and additional needs. However we don’t have specific targets to achieve this diversity. We hire people who are passionate and capable and approach our applicants with an open mind. To me, inclusion means not having a bias. It shouldn't matter how old or young you are, what your cultural background or gender is.

    J: As we celebrate International Women's Day, is there a message you would like to convey to women and girls about the importance of embracing their potential and striving for what they can achieve in life?

    L: It is my strong belief that any woman should be empowered to be whatever she wants to be. I grew up with parents who had really big hearts and were very generous in nature and felt that everybody had a place and a role and should be valued. I brought my own children up with that message. I won’t judge them on what career they choose or what role they play. I want them to have a voice, and I want them to be respected for their voice and their opinions, and this goes for both my son and my daughters.

    But I recognise that women might sometimes need that little bit of extra encouragement. In my life it was my dad who provided that encouragement. So my advice to young women at the start of their career is about the need to be focused, to be passionate and to be determined. As women, these are some of our great strengths. If we are able to channel our passion and our determination we create influence and get a voice.

    Another piece of advice I regularly give to women within our organisation is to prioritise building strategic partnerships and put effort into networking. There are so many opportunities that arise from your network. Building relationships is really important, and something that women are often very good at. So as a woman, you can really take advantage of some of your natural abilities and bring them into a workplace and just make the most of it.

    Presented in collaboration with:

    By Jacqueline Clements
    CEO, Westgate Executive Search


  • 25-Feb-2024 21:08 | Cassidy Lau (Administrator)

    Over 1,600 families with sick and injured children are supported by Ronald McDonald House Charities Greater Western Sydney, at our Westmead House every year.

    CEO Walk in My Shoes is a chance for members of the business community to come inside the “House that Love Built” for a unique 24-hour experience.


    Participants will:

    • Cook and serve meals to our 60 families
    • Use your skills to tackle a business issue together
    • Gain a unique insight into our services and support for families
    • Join fellow participants in raising vital funds

    Register at www.ceowalkinmyshoes.org.au/chapter-page/gws or contact matthew.mifsud@rmhc.org.au for more.



  • 25-Feb-2024 20:53 | Cassidy Lau (Administrator)

    Powerhouse has today announced a significant $4 million investment in the future of Powerhouse Parramatta by ING Australia. This remarkable partnership will establish ING as the museum’s Community and Wellbeing Partner, supporting Western Sydney communities through the formation of the ING Pavilion and the ING Community Wellbeing Program.

    Located within the rooftop garden at Powerhouse Parramatta, the ING Pavilion will seamlessly connect with the landscape and significantly contribute to the community’s experience of the museum. The ING Pavilion will support learning programs and workshops that connect communities with biodiversity, conservation and care for our diverse environments.


    Powerhouse Parramatta and ING Australia Community and Wellbeing Partnership Announcement.
    Image Credit: Zan Wimberley.

    L-R: NSW Minister for Arts and Tourism, The Honourable John Graham MLC, ING Australia CEO Melanie Evans, Powerhouse Trust President Peter Collins AM KC

    The ING Pavilion will be complemented by the ING Community Wellbeing Program, an annual series of seasonal workshops that will promote sustainable practices alongside financial literacy, planning and wellbeing. The program will enable the community to engage with First Nations knowledge and agricultural science, take part in climate action conversations and explore local food production.

    ING’s investment will also support two major exhibitions at Powerhouse Parramatta which will engage audiences with innovative technology and sustainable solutions to drive positive impact and change.

    ING is a global bank committed to taking a holistic approach to sustainability in all its forms. It strives to lead by example, steering the most carbon-intensive parts of its portfolio to achieve net-zero by 2050 and proactively managing social and environmental risks.

    NSW Minister for Arts and Tourism John Graham said, ‘Since its establishment in 1879, the Powerhouse Museum has been at the forefront of connecting audiences with technological and design innovation, across the applied arts and sciences. This partnership will help link that past with an exciting new future in Parramatta focused on innovation and sustainability.’

    ING Australia CEO Melanie Evans said, ‘We are delighted to partner with Powerhouse Parramatta as their Community and Wellbeing Partner. ING has a strong commitment to community and sustainability, and with almost half of Sydney’s population living in Greater Western Sydney, the Powerhouse will provide a phenomenal public space for communities to come together. It will be a place where innovation thrives, a home of new discovery and where education will be fostered so we can create a more sustainable future for everyone.’

    Powerhouse Trust President Peter Collins AM KC said, ‘I’d like to thank ING Australia for their generous investment in Powerhouse Parramatta. When the new museum opens, our visitors, especially those attending learning programs and events in the ING Australia Pavilion, will be able to enjoy the grand space that is integral to the Powerhouse’s programs.’

    Powerhouse Chief Executive Lisa Havilah said, ‘We are honoured to be entering into this innovative new partnership with ING Australia to deliver generational outcomes for our communities, across Western Sydney and New South Wales. Thank you to ING Australia CEO Melanie Evans, and all at ING Australia, we look forward to delivering dynamic programming with you and our communities at Powerhouse Parramatta.’ 


    ABOUT POWERHOUSE

    Located in Sydney, Powerhouse Museum is the largest museum group in Australia. It sits at the intersection of the arts, design, science, and technology, and plays a critical role in engaging communities with contemporary ideas and issues.

    Powerhouse Parramatta is the future flagship site of the museum and is one of the world’s most significant new museum projects. Community, industry and collection will intersect to create a dynamic culturally engaged program that will redefine museums. As the first NSW State Cultural Institution to be based in Western Sydney, Powerhouse Parramatta will be a transformational cultural precinct in the fastest and largest growing city in Australia. It will be the largest museum in NSW with over 18,000 sqm of exhibition and public space, attracting 2 million visitors a year.

    ABOUT ING AUSTRALIA ING

    changed the way Australians bank almost 25 years ago by launching the country’s first branchless bank. ING now offers Australians home loans, transactional banking, superannuation, credit cards, personal lending, insurance and wholesale banking services. ING is Australia’s most recommended bank according to RFI Global’s XPRT Survey, April 2023 – September 2023 when compared to customers of 20 other banks operating in Australia. It is also Australia’s fifth largest main financial institution (MFI) with 6% of market share according to RFI Global’s XPRT Survey, April 2023 – September 2023. MFI is defined as the bank that the consumer says is their main financial institution. Canstar’s Bank of the Year and has been since 2020. Recognised for outstanding value across home loans, savings, credit cards, personal loans and customer satisfaction.




  • 25-Feb-2024 20:36 | Cassidy Lau (Administrator)

    RADIUS 2024 is a premier construction networking event designed for Structural, Civil, Stormwater and Façade Engineers and Managers, Architects and suppliers, and other construction professionals. The event takes place at Swissotel on the 24th of May.

    At RADIUS, you can elevate your skills, connect with like-minded individuals, and gain insights from renowned speakers, including Michael McQueen, William Zhang, and David Previte. This exclusive event offers a unique opportunity to explore new trends, enhance leadership skills, foster valuable connections, discover new suppliers, and find talent.

    Speakers: 
    Michael McQueen, a multi-award winning speaker, trend forecaster and bestselling author of 10 books
    William Zhang, featured on Forbes Australia (Founder of Palantir Engineers Networking)
    David Previte, National President of the Australian Institute of Waterproofing (Founder and Director of Waterproofing Integrity)

    Lunch, afternoon tea, dinner, and after-event drinks are all included in ticket.

    Tickets and the event's agenda are available via the link: https://bit.ly/3SWH5HY



  • 25-Feb-2024 20:20 | Cassidy Lau (Administrator)

    We are very excited to announce The Newmarket Room has been awarded an AGFG Chef hat for 2024!!!

    This award places our venue in the top restaurants in Australia and is a testament to the hard work of our Chefs and friendly Newmarket Team.

    The AGFG has been identifying the best restaurants in Australia since 1977 and its inspectors dine anonymously, with their reviews, alongside opinions of the general public, determining the results. It is an honour to receive this award and we are proud to be spreading the word.

     

    Our food Philosophy is centred around a paddock-to-plate menu, providing simplistic, comforting and authentic flavours. Teamed with an extensive wine selection and cocktails that resonate the story of Inglis, it is a culinary experience like no other.

    The Newmarket Room is open 7days a week  for breakfast, lunch and dinner service. Book a table here or call 02 8324 3460.

    If you want to learn more about The Newmarket Room, our upcoming Autumn/Winter Menu launch or The William Inglis Hotel, then feel free to reach out. Otherwise we hope to see you dine with us soon!




  • 23-Feb-2024 15:34 | Cassidy Lau (Administrator)

    There has never been a better time to be in Penrith, with two newly endorsed strategies setting the path to create more jobs and build strength and resilience in the Penrith economy.

    The Penrith Economic Development Strategy 2023-2031 (EDS 2031) and the Penrith Visitor Economy Strategy 2023-2030 (VES 2030) were endorsed by Penrith City Council in December 2023, after extensive consultation with industry and residents as well as thorough economic modelling by experts.

    Penrith is strategically located in one of Australia’s fastest growing areas, with plenty of land to develop, and 37% (1028 ha) of future employment lands in Greater Sydney. A myriad of investment opportunities are on offer in the economic triangle connecting Penrith, St Marys and the Western Sydney International Airport, including the Quarter Penrith Health and Education Precinct, Mamre Road Precinct, and three new Western Sydney Airport Metro stations.

    Harnessing all this potential, Penrith seeks to create 23,000 new jobs in the city by 2031. Target industry clusters for this growth that have been identified in the EDS 2031 include transport, freight and logistics, manufacturing, and healthcare and education. Penrith’s visitor economy is also expected to grow significantly with the opening of the new airport in 2026. Some of the priorities laid out in the VES 2030 that will support this growth include encouraging investment in the accommodation sector, fostering new attractions, and leveraging Penrith’s conference and events assets.

    To read the strategies in full, visit the Invest Penrith website and get in touch if you want to be involved in Penrith’s exciting future.



  • 23-Feb-2024 15:22 | Cassidy Lau (Administrator)

    Get ready for Culture for Keepers – it's heading your way.

    Culture for Keepers was created to empower others to enjoy what they do as much as we do. Building teams that celebrate the uncommon. And making an impact along the way.

    From Brisbane's mental health focus to the Central Coast's leadership spotlight and Newcastle's happiness chat, Culture for Keepers opened the conversation to important topics in the workplace. Experts like Jason Banks from TIACS, Jess May from HumanX HR, Suzy Miller, Leadership Developer and Declan Edwards from BU Happiness College dished out insights on psychosocial safety, exceptional leadership, and workplace happiness – sparking meaningful conversations across regions.

    These sessions not only left professionals inspired to make a change within their workplaces but created a community where people felt confident to share their career and business thoughts, opinions, and questions.

    Now, we're gearing up for the Western Sydney edition of Culture for Keepers, and we want to see you there. Save the date, Tuesday, March 26th.

    Connect with Gemma at goneilldouglas@rarekind.com.au for your exclusive invite.  


  • 23-Feb-2024 15:03 | Cassidy Lau (Administrator)

    Do you have employees that do not understand their obligations regarding work they create during the course of their employment? Are you unsure of what rights as an employer you have to work product?

    The primary position is that any work created by an employee is owned by the employer, including any intellectual property rights within the work. There may be ways in which an employer or employee has contracted out of this position or altered ownership of the various rights. There is also the question of moral rights…but that is for another time. It is a common misconception by employees that any work product they create is their own and they are entitled to all rights to such work product upon leaving their employment. Former employees, as a result, can then conduct themselves in a manner which may infringe on rights held by the employer in copyright which subsists in a work they may have created whilst employed.

    This issue was considered in the case of Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd [2022] FCAFC 112.

    Campaigntrack Pty Ltd (“CPL”) commenced action against Real Estate Tool Box Pty Ltd (“RETB”) for a claim of copyright infringement of the source code of their marketing and service real estate software, DreamDesk.

    The source code of DreamDesk was created by the Third Respondent, David Semmens. Mr Semmens also created software called ‘Real Estate Tool Box’ (“Tool Box”).

    CPL alleged that Mr Semmens created Tool Box with portions of the same source code contained in DreamDesk, which was CPL’s intellectual property. CPL claimed that the infringing source code was also used by the remaining 6 respondents, further infringing their copyright, and that the remaining respondents authorised Mr Semmens’ conduct in infringing the copyright.

    The primary judge on the matter, Thawley J, found that only Mr Semmens had infringed copyright of some of CPL’s work and that he misused confidential information owned by CPL. However, his Honour held that the remaining respondents were not in breach of authorising said infringement.

    The Appeal

    CPL appealed to the Full Court of the Federal Court of Australia primarily on the ground that the primary judge erred in not taking into consideration certain evidence in deciding whether inferences can be made in that the other respondents had authorised the copyright infringement by Mr Semmens.

    The Full Court considered evidence which the primary judge had not regarded, which indicated that, within the relevant period, there were countless occasions where inferences could be made that a reasonable person within the circumstances would have suspected Mr Semmens was infringing on the copyright of CPL, and taken reasonable steps to prevent or avoid any infringing acts.

    Section 36(1A) of the Copyright Act 1968 (Cth) sets out the matters that a court must consider when making a determination of whether a person has authorised any act comprised in copyright. These factors include:

    1. the extent of the person’s power to prevent the act from occurring;
    2. the nature of the relationship between a person and the person that conducts the act; and
    3. whether the person took any reasonable steps in the prevention or avoidance of any infringements occurring.

    McElwaine J relevantly provided in his judgment that:

    “in order to establish that a person has authorised the doing of an act comprised in the copyright in the work and has thus infringed the copyright by exercising an exclusive right of the copyright owner in relation to that act, it is necessary to prove on the balance of probabilities that the person either had actual knowledge of the doing of the act or constructive knowledge of the act because the person had reasonable grounds to suspect the doing of the act or, the person exhibited wilful blindness to the doing of the act… taking into account the s 36(1A)(a) to (c) factors.”

    “…the represented respondents either knew or had reason to suspect that Mr Semmens had or would copy from the DreamDesk system. What the represented respondents believed based on what they were told by Mr Semmens is relevant but not dispositive if, in all of the circumstances, a reasonable person would have had reason to suspect that infringements had occurred.”

    The Full Court held that the circumstances relevant to each of the remaining respondents was adoptive that a reasonable person would have suspected Mr Semmens was infringing CPL’s copyright. Accordingly, the remaining respondents would have had an opportunity to investigate whether any infringement was occurring, and had the power to avoid or prevent the infringing acts or further acts being committed.

    Lessons

    This case exemplifies the importance for employers to proactively ensure that any work produced by an employee or contractor does not infringe a copyright. As the body of intellectual property law grows, this obligation will become increasingly significant and steps should be taken immediately to avoid the risk of potentially authorising copyright infringement.

    For more information on how to address copyright infringement in your workplace or to educate and protect your intellectual property rights with your employees, please contact the Matthews Folbigg Intellectual Property team to speak with one of our lawyers.

    If you would like more information or advice in relation to intellectual property law, contact Senior Associate of the Matthews Folbigg Intellectual Property Group, Hayley Hitch at hayleyh@matthewsfolbigg.com.au or a Principal of the Matthews Folbigg Intellectual Property Group, Simone Brew at simoneb@matthewsfolbigg.com.au.




  • 21-Nov-2023 09:21 | Cassidy Lau (Administrator)

    Witness the best atmosphere and rivalry in Australian Sport when the Sydney Derby comes to Allianz Stadium next Saturday 25 November 2023.

    Join the Western Sydney Wanderers at an exclusive cocktail function and be close to the action both on and off the field.


    Match Details

    Sydney Derby at Allianz Stadium

    Saturday 25 November 2023


    Cocktail function inclusions

    • Close to the atmosphere and action both on and off the field
    • Premium food and drinks
    • Exclusive Cocktail Function Space


    Price

    $320pp plus GST


    Book Now



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