On November 29th 2007, Judge Jacobson handed down his decision to dismiss AdultShop.com Limited's case for judicial review of the Review Board's classification of the non violent erotic film, Viva Erotica, as X18+.

The appeal was lodged on December 20th 2007 with the Western Australian District Registry of the Federal Court. 

The grounds for appeal are that "in making its decision on the classification of Viva Erotica as X18+, the Review Board failed to take into account the standards of morality, decency and propriety generally accepted by reasonable adults as required by s.11(a) of the Classification (Publications, Films and Computer Games) Act 1995 in that the Review Board did not first determine what those standards were in relation to Viva Erotica."

A directions hearing is expected to be listed before March 2008.