AFACT is seeking to be exempted from 40 per cent of costs in its trial brought against iiNet, despite Justice Cowdroy's original judgement ordering AFACT to pay all costs. While iiNet was awarded the case, AFACT is citing four separate issues within the trial it claims to have won over iiNet, therefore relinquishing its accountability for these specific costs.
Specifically, the issues cover iiNet's failed Telecommunications Act defence, and its unsuccessful claim that it was protected under section 112E of the Copyright Act.
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