The Australian Federation Against Copyright Theft (AFACT) has confirmed that it will be bringing its case against iiNet to the High Court in the first week of December.
The federation has been fighting a legal battle against iiNet since late 2008, when it first announced a Federal Court challenge. In the court hearings, held in 2009, the federation tried to prove that iiNet had authorised its users to breach copyright (uploading and downloading pirated content) over its network.
Justice Dennis Cowdroy ruled in iiNet's favour, saying that "the mere provision of access to the internet is not an authorisation of infringement".
AFACT decided to appeal, which was heard in February this year. The federation lost again, although the judges were not unanimous in their decision and conceded some points to AFACT. The federation then decided to take the case to the High Court.
The case will now be heard on 1 and 2 December 2011.
The case will affect the various codes being designed to help the internet service providers on what to do about users breaching copyright and the government is likely to reference the case when thinking on legislation.