Commentary and case law from the Commercial Bar Association's finest.
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”.
The NSW Court of Appeal has set aside an adjudication determination because the adjudicator made his finding on the basis of a reference date that was not available and because he denied the parties procedural fairness.
This is the second of two articles recapping two key concepts of contract law which may be relevant in the face of the ongoing coronavirus pandemic: the force majeure clause, and the common law doctrine of frustration.
This is the first of two articles recapping two key concepts of contract law which may be relevant in the face of the ongoing coronavirus pandemic: the force majeure clause, and the common law doctrine of frustration.
The Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth) received Royal Assent on 17 February 2020. A number of important measures targeted at ‘phoenix activity’ have now taken effect, including the duty imposed on company officers to prevent ‘creditor-defeating dispositions’.
Application for interlocutory injunction – restraint of trade – trade mark infringement