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Judicial review of executive power: the unreasonableness ground

In Australia, it is presently unclear whether and to what extent the unreasonableness ground applies to administrative action based on non-statutory executive power. Earlier this year, Robertson J handed down a decision which advances the limited jurisprudence in this area.

Fearless in the face of bull: using Australian discovery in US litigation

Copyright – exclusive rights in respect of commissioned artwork in the US – replica artwork sold by the artist for a similar purpose in Australia

Practice and procedure – separate proceedings in the US arising from same events – obligation to use discovered documents only for the proceeding in which they were originally produced (“Harman obligation”) – circumstances warranting release or modification of the Harman obligation

Motor tyre brand overcomes a MONSTER obstacle

Trade marks – opposition – whether applicant “true owner” – marks used by associated company of the applicant – whether marks used under licence – whether likelihood of confusion – reputation in trade marks – relevance of prior use

Evidence – admissibility – admissibility of archived internet documents sourced through the “Wayback Machine” – whether business records

BEGAs can’t be choosers

Trade mark – trade mark licensing agreement – whether trade mark owner’s plans to brand other products with the licensed mark in breach of the agreement – whether trade mark licensee in breach of agreement

Practice and procedure – discovery – confidentiality – circumstances warranting access limitations additional to the Harman obligation – whether parties “trade rivals” – centrality of documents to issues in the proceeding

The 2019 Rugby World Cup – when typhoons interrupt the game

Rugby World Cup Limited issued misconduct charges against the Scottish Rugby Union alleging that comments it made in relation to the management of Typhoon Hagibis were unfair, untrue and brought Rugby World Cup Limited into disrepute. This article considers the findings of the Disputes Committee.