We did go to the Federal Court of Appeal; that's where the Copyright Board's decision allowing the levy on MP3 players was quashed. The Supreme Court chose not to hear the case. Our understanding is that, in large part, that was because the government was about to open up the act for review, and the Federal Court's decision was quite clear that it was a problem for Parliament to fix.
On May 29th, 2018. See this statement in context.