Commentary and case law from the Commercial Bar Association's finest.
The New South Wales Court of Appeal has allowed an appeal against orders for distribution from a co-mingled fund held by insolvent entities and, in doing so, has provided guidance for liquidators and creditors alike on the various methods for distribution and the principles of tracing.
The New South Wales Court of Appeal recently revisited the principles relevant to determining the scope of an arbitration clause in overturning the decision of the NSWSC granting a stay in favour of arbitration.
The Supreme Court of Victoria has added to the growing jurisprudence regarding search engines and liability for third-party publications, including when sharing hyperlinks to that content, awarding criminal law solicitor George Defteros $40,000 in damages for defamation.
A unanimous (five Justice) High Court approval of the apprehended bias test in Ebner v Official Trustee in Bankruptcy. Three Justice majority conclusions about the application of the Ebner test, and the requirement of materiality in a jurisdictional error before a decision will be invalidated.
Mr George Defteros is a solicitor specialising in criminal law. He acted for a number of defendants to criminal charges arising out of Melbourne’s Gangland wars of the 80s and 90s.
He sued Google LLC for defamation arising out the results of searches made available by Google’s search engine.
The Supreme Court of Victoria has determined to enforce part of an arbitration award under the Commercial Arbitration Act 2011 (Vic), while refusing to enforce other parts where the reasons were inadequate and which also failed to identify a specific and ascertainable award amount.
This note summarises the changes to the statutory demands regime and to insolvent trading laws applying to directors and holding companies effected by the Coronavirus Economic Response Package Omnibus Act 2020 (Cth).
Administrations of companies in group – COVID-19 – meetings of creditors and of committee of inspection conducted by telephone or audio-visual conference only – amendment to procedure for selecting committee of inspection – extension of relevant time periods for responding to requests from creditors and to give notice to lessors of property possessed by the company
The Full Court of the Federal Court’s recent decision on Pacific National’s proposed acquisition of the Aurizon’s Acacia Ridge rail terminal sheds light on the interpretation and application of s 50 of the Competition and Consumer Act 2010 (Cth), and the use of undertakings in merger litigation.
Patents – interest granted under patent licensing agreement – whether later-in-time licensee had an effective licence, which breached original licence
Trade Marks – infringement – whether using “Urban Ale” as a trade mark or good faith use – cancellation on various grounds – discretion – groundless threats of trade mark infringement
Patents – amendment – appeal from Commissioner’s decision – whether specification as amended would claim or disclose matter that extends beyond the specification as filed – section 102(1) post Raising The Bar
Trade Marks – admissibility of screenshots of webpages and searches of online databases
Trade Marks – supply of products in shippers bearing the registered mark – whether that use was use “as a trade mark”.