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Trust dispute no bar to arbitration

Arbitration – scope of arbitration agreement – whether a dispute as to an alleged breach of trust constitutes a “matter” within the scope of an arbitration agreement – proper approach to construction of arbitration agreement – whether the arbitration agreement incapable of being performed – application for stay of proceedings under s 8 of Commercial Arbitration Act 2012 (WA)

Get it right the first time: real trade mark owner can’t be subbed into application by assignment

It has been held that only an owner of a trade mark at the time the application is made can apply for registration, and that an applicant for a trade mark which would otherwise be deceptively or confusingly similar because an existing registered trade mark has a reputation which is confined to one State, cannot avoid that consequence by disclaiming the right to use in that State

Uncooperative federalism and the abolition of limited merits review

The Turnbull Government has introduced a bill to abolish the limited merits review regime under the National Electricity and Gas Laws. The bill is a major departure from the cooperative federalism that underpins the national energy regime, and raises interesting questions about how it will operate in future.