The Commercial Bar Association of Victoria Inc. A0120851O
In this case, the Full Court upheld Burley J’s conclusions that three of six batches of Juno Pharmaceutical Pty Ltd’s parecoxib products did not infringe Pharmacia LLC’s patent. Their Honours also upheld Burley J’s conclusions that the other three batches of Juno’s products did infringe and that the patent was valid.
The parties had jointly proposed an agreed pecuniary penalty of $75 million, which the Federal Court held was manifestly inadequate and ordered a penalty of $125 million. This was upheld by the Full Court and the High Court declined to grant special leave to appeal.
This decision by Justice Rofe relating to marks associated with dishwashing capsules is another example of how difficult it can be to protect a shape mark, particularly when used with other distinctive trade marks and trade indicia.
On the appeal from the decision of the Full Federal Court that Aristocrat’s claim to an electronic gaming machine was not a manner of manufacture as required by s 18 of the Patents Act, the six Justices of the High Court who sat were evenly divided. The result is that the appeal was dismissed, but there is no binding precedent.
The Victorian Court of Appeal has re-affirmed that a director’s signature can indicate an intention to provide a personal guarantee, even where that signature is qualified. The Court also confirmed that a creditor’s right to interest under a director’s guarantee is not affected by a DOCA.
Hornsdale Power Reserve penalised $900,000 for contraventions relating to its role as a provider of back-up services to the National Electricity Market
The Court of Appeal in this case upheld the finding of misleading or deceptive conduct against the vehicle manufacturer and dealership. This was in circumstances of full compliance with regulations requiring a fuel consumption label displaying test results to be affixed to vehicles at the point of sale.
This case concerns a contractual dispute involving the wholesale electricity market. It provides an introduction to the operation of the wholesale electricity market and examples of sound contractual interpretation where private agreements interact with the rules of the wholesale electricity market.
FINA’s new policy, which provides that transgender women cannot compete in elite swimming competitions if they have experienced male puberty, gets the balance right.
This case note reviews a decision where a plaintiff, as corporate trustee in liquidation and claiming to be assignee of a right to recover a debt paid for by a guarantor, sought to enforce that right. The decision addresses the power of a former trustee as bare trustee to deal with trust assets and the powers of a liquidator of a bare trustee in similar respects.
A recent decision of the SA Court of Appeal illustrates the challenges facing a minority interest holder in a tightly held investment vehicle seeking to extricate itself from the venture on grounds including oppression.
In February, the Victorian Court of Appeal held that federal pre-selection disputes within political parties are justiciable; in March, the High Court refused special leave; and in April the NSW Court of Appeal expressly rejected the Victorian Court of Appeal position.
This note summarises last year’s High Court decision in Newcastle Operations Pty Limited v Glencore Coal Assets Australia Pty Ltd (2021) 395 ALR 209 which finally determined the fee dispute between Glencore and the Port of Newcastle’s private operator.
If you are not a party to a contract, but you are affected by its terms, can you go to court to get a declaration about what the contract means?