The Commercial Bar Association of Victoria Inc. A0120851O
The High Court of Australia has held unanimously[1] that a person who commences proceedings against an insolvent company or a bankrupt individual can join that defendant’s insurer to the proceedings and seek a declaration that the insurer is liable to indemnify the defendant.
The High Court has held that the Commonwealth’s participation in the detention of asylum seekers in Nauru was authorised by the Migration Act 1958 (Cth)
Patents – method of manufacture – business method patents – whether questionnaire and assessment method implemented using computers patentable – patent invalid
Trade marks – assignment and licence back – option to take assignment – whether variations agreed by conduct – implied terms – whether implied term that licence extends to replacement versions of licensed marks – whether implied term that marks be re-assigned if licence is breached – relevance of post-contractual conduct
Patents – construction – whether literal interpretation warranted – indirect infringement – innovative step – appropriateness of orders “in aid of delivery up
Trade marks – inherent capacity to distinguish – whether YELLOW has any inherent capacity – deceptive similarity – use as a noun compared with use as an adjective
Can foreign state immunity prevent proceedings to register in Australia a foreign judgment? Not if that judgment would fall within the commercial transaction exception to immunity, the High Court has now told us; though immunity from execution will still be a hurdle.
The High Court has refused to resolve a conflicting authorities in the law regarding treatment of payments over award in sham employment contracts.
Trade marks – counterfeit goods – respondents manifestly unbelievable – compensatory damages – additional damages
Geographical indications – “Champagne Jayne” – promotion on Internet and social media – misleading and deceptive conduct
Scandinavian Tobacco Group Eersel BV v Trojan Trading Company Pty Ltd [2015] FCA 1086 (9 October 2015) Trade marks – parallel importation – unpacking and repackaging due to tobacco labelling laws – whether...
Trade marks – objection to registration – deceptive similarity – likelihood of deception or confusion – MALTESERS vs MALTITOS
The Australian Energy Regulator says that networks’ regulated revenue should not cover inefficient EBA redundancy policies; but the Fair Work Commission rules that the networks must continue to apply those policies. Who will bear the cost: the networks, or consumers?