Commentary and case law from the Commercial Bar Association's finest.
Justice Moshinsky found that the Insured notified the Insurer of facts that might give rise to a claim against the Insured in a class action. His Honour also found that the Insurer breached its duty of utmost good faith. Thus, his Honour upheld the Insured’s claim for the Insurer to pay his legal costs in the class action.
The owners of land abutting the Tullamarine Freeway sought damages in the Supreme Court of Victoria for trespass and the relocation of CityLink’s noise wall after it was discovered to be encroaching onto their land. Their case was largely unsuccessful due to the Limitation of Actions Act.
In this case, the applicants sought certain declaratory and other relief which was, in substance, an application to the Federal Court to overturn orders made by the World Intellectual Property Organization (WIPO) in relation to a dispute in connection with the domain name “cars24.com.au” (Domain Name). The respondents challenged the jurisdiction of the Federal Court to grant the relief sought by the applicants, and filed an interlocutory application seeking dismissal of the proceeding.
Trade Marks – ACL – Passing off – default judgment for failure to comply with court orders
Copyright – ownership in video footage of yacht race
Copyright and defamation – preliminary discovery to determine identity of prospective respondent
Trade marks – summary judgment – infringement – respondent participated intermittently – no reasonable prospects of successfully defending claim – additional damages
Trade marks – appropriate form of injunctive relief consequent upon findings in principal judgment – costs – potential reduction
Copyright – request by expert witness to set aside Tribunal Direction requiring production of psychological testing materials – consideration of copyright protections and exemptions
Confidential information – former employee took preparatory steps to establish competitive business – duties and obligations to employer – implied duties of good faith and fidelity – fiduciary duties – ss 182 and 183 of the Corporations Act 2001 (Cth) – accessorial liability
Designs – pleadings – whether must provide particulars of prior use similar to those required in patent proceedings
Trade Marks – opposition to PROCAT for apparel and clothing – sections 42(b), 44 and 60 based on CAT marks.
Patents – validity of extension of term of patent – where two pharmaceutical substances claimed and extension based on the one with later regulatory approval
The Court of Appeal has considered the scope of the COVID-19 protections introduced to the Residential Tenancies Act 1997 (Vic) – in particular, the interaction between the deeming provisions (by which certain breaches of leases were deemed not to be breaches during the period of COVID-19) and the regime by which VCAT could make a possession order in respect of residential property. The Court of Appeal found that landlords were not, if rental was not paid during the extended period of the COVID-19 protection legislation because of a “COVID-19 reason”, entitled to a possession order against a residential tenant.