Ames Australasia Pty Ltd v AgBoss Australia Pty Ltd
Designs – pleadings – whether must provide particulars of prior use similar to those required in patent proceedings
Homepage Blog
Caterpillar Inc v Puma SE
Trade Marks – opposition to PROCAT for apparel and clothing – sections 42(b), 44 and 60 based on CAT marks.
Merck Sharp & Dohme Corp. v Sandoz Pty Ltd
Patents – validity of extension of term of patent – where two pharmaceutical substances claimed and extension based on the one with later regulatory approval
COVID-19 relief (in particular, as to possession orders) within the Residential Tenancies Act 1997 (Vic)
The Court of Appeal has considered the scope of the COVID-19 protections introduced to the Residential Tenancies Act 1997 (Vic) – in particular, the interaction between the deeming provisions (by which certain breaches of leases were deemed not to be breaches during the period of COVID-19) and the regime by which VCAT could make a possession order in respect of residential property. The Court of Appeal found that landlords were not, if rental was not paid during the extended period of the COVID-19 protection legislation because of a “COVID-19 reason”, entitled to a possession order against a residential tenant.
The AFL Appeal Board’s six match sanction on Toby Greene for intentional contact with an umpire
This article considers the AFL Appeal Board’s decision to impose a six match sanction of Toby Greene for intentional contact with an umpire, which the Tribunal had been satisfied was “aggressive, demonstrative and disrespectful”.
Court of Arbitration for Sport dismisses WADA appeal and affirms Shayna Jack’s reduced suspension due to lack of intent
The Appeal Division of the Court of Arbitration for Sport (“CAS”) has dismissed appeals by the World Anti-Doping Agency and Sports Integrity Australia against a first instance decision of CAS which reduced Shayna Jack’s period of suspension from 4 years to 2, for taking the prohibited substance, Ligandrol.
The meaning of insolvency in Carna Group Pty Ltd v The Griffin Coal Mining Company (No 6)
The Court considered the meaning of insolvent in a contractual context, distinguishing it from the meaning of insolvent for the purposes of the Corporations Act. It concluded that the respondent was insolvent at the relevant time, despite the fact that it was continuing to trade at the time of the hearing, years later.
High Court provides guidance on “intellectual freedom” in University Enterprise Agreement
The recent High Court decision in Ridd v James Cook University provides guidance as to the interpretation of “intellectual freedom” provisions in University Enterprise Agreements, underscored by a broad definition of “intellectual freedom”.
The Supreme Court of Victoria on the Limits of Assistance to Self Represented Litigants
In the last decade Courts have been concerned to assist self-represented litigants in banking and finance matters. But what happens when self-represented litigants push this approach to its limits? When will a self-represented litigant’s attempts to “have their day in Court” instead be found to be an abuse of process?
A Toxic Appointment: Disclaimer of Contaminated Land Set Aside
The Court of Appeal’s judgment in Australian Sawmilling Company Pty Ltd (in liq) v Environment Protection Authority [2021] VSCA 294 clarifies that a liquidator may be an ‘occupier’ for the purposes of the Environment Protection Act 1970 (Cth).
Pro-enforcement bias does not justify an enforcement court ignoring the primacy of the arbitration agreement
The Full Court of the Federal Court refused to enforce a foreign award on the grounds that the composition of the arbitral tribunal was not in accordance with the agreement of the parties, notwithstanding that the arbitral tribunal had been appointed by the supervisory court of the seat.
Masters v Lombe in the Full Court: the final chapter?
The Full Court of the Federal Court has dismissed an appeal against the decision of Foster J rejecting the appellants’ claims for compensation for alleged breaches by Babcock & Brown Ltd of its continuous disclosure obligations in the midst of the global financial crisis.
Rectification for common mistake succeeds in the Court of Appeal
The Victorian Court of Appeal’s decision in Queenfield provides an uncommon example of success for a party who sought rectification of a contract for common mistake.