The Commercial Bar Association of Victoria Inc. A0120851O
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
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
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.
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.
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.
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.
In this case, the applicants sought certain declaratory and other relief which was, in substance, an application to the Federal Court to overturn orders made by the World Intellectual Property Organization (WIPO) in relation to a dispute in connection with the domain name “cars24.com.au” (Domain Name). The respondents challenged the jurisdiction of the Federal Court to grant the relief sought by the applicants, and filed an interlocutory application seeking dismissal of the proceeding.
Trade Marks – ACL – Passing off – default judgment for failure to comply with court orders
Copyright – ownership in video footage of yacht race
Copyright and defamation – preliminary discovery to determine identity of prospective respondent
Trade marks – summary judgment – infringement – respondent participated intermittently – no reasonable prospects of successfully defending claim – additional damages
Trade marks – appropriate form of injunctive relief consequent upon findings in principal judgment – costs – potential reduction
Copyright – request by expert witness to set aside Tribunal Direction requiring production of psychological testing materials – consideration of copyright protections and exemptions
Confidential information – former employee took preparatory steps to establish competitive business – duties and obligations to employer – implied duties of good faith and fidelity – fiduciary duties – ss 182 and 183 of the Corporations Act 2001 (Cth) – accessorial liability