Validus Advisory Group Pty Ltd v Consolidated Tin Mines Ltd  NSWSC 417 stands as an important reminder of the consequences of carrying on a financial services business without a licence, and the broad scope of activities that are covered by the licensing regime.
The High Court unanimously held that a State legislature could not vest jurisdiction in an executive tribunal to hear a dispute between residents of different States, but split 4:3 on why
Trade marks – misleading or deceptive conduct – interlocutory injunction – user of “SPORTSBET” seeks restraint on use of “SPORTINGBET” – characteristics of online betting market – admissibility of focus group report – prima facie case – previous co-existence of rival names – balance of convenience – need to find new name
Patents – infringement and validity – safety system used for the detection of obstructions in the path of a moving part of machinery, such as press brakes
Patents – method for identifying traits from genetic make-up of cows – manner of manufacture, inventive step, sufficiency, novelty, fair basis, clarity, definition and utility.
Patents – pharmaceutical products – paracetamol tablets – erroneous description of testing apparatus –whether claims should be construed so as to avoid the error – level of detail required in describing ingredients in pharmaceutical formulations – relevance of manufacturing and processing information in marketing authorisation application
Patents – novelty – whether language in claim described the function of integers for a locking mechanism or also specified position – utility – “promise” of the invention – “composite” promises – specification refers to multiple advantages conveyed by the invention – whether promises to be interpreted cumulatively or disjunctively
Two companies which contended they were ‘unquestionably solvent’ were unsuccessful in an application to injunct a party from instituting proceedings to wind them up. This decision clarifies the extent to which the case law on abuse of process made prior to the enactment of Part 5.4 of the Corporations Act continues to apply.
Owners Corporations are service providers for the purposes of the Equal Opportunity Act 2010 (EO Act) and therefore are required to make ‘reasonable adjustments’ to common areas for tenants and visitors with disabilities.
A company’s claims against its lawyers and non-executive chairperson after a failed attempt to list have been dismissed. The case offers a unique insight into a float which sunk and the gruelling hours worked by the company’s advisors, and stands as a testament to the judgment exercised by the company’s non-executive directors, who were placed in an invidious position.
The Supreme Court has emphasised the primacy of the building contract in granting a right to make a claim for final payment and confirmed the requirement for an adjudicator to be satisfied as to the ‘value’ of the works, notwithstanding that alleged defects that were subsequently identified existed at the time of a previous adjudication.
The Supreme Court of Victoria heard an application by a defendant for joinder of an alleged ‘concurrent wrongdoer’ in respect of claims made under the Corporations Act 2001 (Cth). After full and considered argument, the Court held that the claim for relief under the Corporations Act was not apportionable.
The National Energy Guarantee, Australia’s latest attempt to forge a coherent energy and emissions reduction policy, had been painstakingly negotiated by the Energy Security Board, through a wide range of interest groups. In its aftermath, how coherent policymaking can be co-ordinated in this fraught policy space remains as pressing a question as ever before.
The rules of most Victorian courts permit a party, in certain circumstances, to obtain discovery of material prior to commencing proceedings. Like many rule-based tests, there can be some confusion about the requirements as well as the discretionary factors involved in obtaining preliminary discovery. The Supreme Court in a recent appeal decision has shed some light.
Copyright – Infringement – Innocent infringement – Damages