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No statutory set-off for unfair preference claims
The Full Court of the Federal Court confirms that a statutory set-off under s 553C(1) of the Corporations Act 2001 (Cth) is not available against a liquidator’s claim for the recovery of an unfair preference under s 588FA of the Act.
IWC Industries Pty Ltd v Sergienko
In resolving the determination of a priority dispute between a beneficiary of a trust and an equitable mortgagee, the Court applied principles regarding “postponing” conduct to beneficiaries (and the rule in Shropshire’s case) and considered the relevance of surrounding commercial circumstances, including the failure to caveat.
Court of Arbitration for Sport lifts suspension, allowing figure skater to compete in Olympic Games
This note considers the CAS decision to uphold the lifting of the provisional suspension of Kamila Valieva, a 15 year old Russian figure skater. The provisional suspension had come at a critical time for the athlete, who was otherwise a favourite for a gold medal at the Beijing Winter Olympic Games.
Absolute precision in the description of “premises” is not required for a valid lease
Whether description of premises in an agreement for lease sufficiently certain.
Shepparton Partners Collective Operations Pty Ltd v QAD Inc
Copyright Infringement – Compensatory Damages – Additional Damages
Biogen International GmbH v Pharmacor Pty Ltd
Patents – interlocutory injunction – weak prima facie case – invalid extension of term – balance of convenience otherwise finely balanced
Boehringer Ingelheim Animal Health USA Inc v Elanco New Zealand
Patents – s 104 amendments – allowability of amendment excluding a compound not specifically mentioned in the specification prior to amendment but generally described – whether parties bound by findings made in substantive s 59 opposition
Henley Arch Pty Ltd v Henley Constructions Pty Ltd
Trade marks – use in the course of trade – substantial identity or deceptive similarity – use of signs in relation to services – s 41 – s 102 – s 122(1)(a)(i) – s 122(1)(fa) – s 124 – Australian Consumer Law – s 18 – s 29(1)(g) – s 29(1)(h) – joint tortfeasor – aiding and abetting – knowingly concerned
Open Justice and Closed Tribunals: The Court of Appeal on proceeding suppression orders
The Court of Appeal’s December 2021 decision in WEQ returned to the vexed issue of the scope and duration of a proceeding suppression order.
Bankrupting on a non-provable debt
In ASIC v King, the Federal Court recognised the Court’s jurisdiction to bankrupt a debtor on the petition of a creditor who is owed a debt that is not provable in bankruptcy (in this case, a pecuniary penalty order), finding that it is a matter of discretion whether to make a sequestration order.
Darshn v Avant: notification of facts by an insured in a class action context
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.
Trespass v Adverse Possession
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.