Commentary and case law from the Commercial Bar Association's finest.
The Full Court of the Federal Court refused to enforce a foreign award on the grounds that the composition of the arbitral tribunal was not in accordance with the agreement of the parties, notwithstanding that the arbitral tribunal had been appointed by the supervisory court of the seat.
The Full Court of the Federal Court has dismissed an appeal against the decision of Foster J rejecting the appellants’ claims for compensation for alleged breaches by Babcock & Brown Ltd of its continuous disclosure obligations in the midst of the global financial crisis.
The Victorian Court of Appeal’s decision in Queenfield provides an uncommon example of success for a party who sought rectification of a contract for common mistake.
The Victorian Court of Appeal has clarified the law in relation to apportionable claims and determined that a failure to take reasonable care must be alleged as part of the pleaded claim for a claim to be apportionable.
Valuing intellectual property – registering security interests concerning intellectual property on the Personal Property Securities Register (“PPSR”)
(Or: Tsundoku, being the practice of acquiring reading materials and letting them pile up in the hope of reading them “later”.)
Recent decisions for the reading lists of those with an interest in public law.
The Federal Court imposed harsh penalties against a solar panel business because its door-to-door selling methods and marketing campaign seriously contravened the Australian Consumer Law. The case has ignited law reform in the Victorian energy and solar market.
The High Court’s February 2021 decision in Benbrika considered whether the conferral of power on a Supreme Court to make a continuing detention order under the Criminal Code (Cth) was contrary to Chapter III of the Commonwealth Constitution.
The New South Wales Supreme Court has provided welcome guidance on the relevance of future events to the question of solvency. Specifically, the Court has provided a roadmap on the relevance of (i) future debts which the company may not be able to repay; and (ii) the ability of the company to compromise those debts.
Trade Marks and Australian Consumer Law – termination and breach of Trade Mark Licence Agreement (“TMLA”) – trade mark infringement – misleading or deceptive conduct – false representations – use of CALTEX and STARCARD
Trade Marks – Corner – condition or limitation imposed on registration
Patents – extension of term – which ARTG registration may be relied on
Patents – method of diagnosis – manner of manufacture – sufficiency – fair basis – infringement
Use of the phrases “Love where you live?” and “You love where you live” held not to constitute use of those phrases as a trade mark for the purposes of s 120.
Copyright in plan of subdivision – interlocutory injunction application – balance of convenience weighted against grant of injunction