On 25 July 2017, the Federal Court ordered an egg supplier to pay a pecuniary penalty of $750,000 for falsely advertising eggs as “free range” and for engaging in misleading or deceptive conduct in so doing.
In response to years of consumer complaints, the state government has implemented major reform in the domestic building area. Most notable is the introduction of a new mandatory dispute resolution process called DBDRV. This article will briefly explain the new procedure and identify some of its potential failings.
Copyright – extension of ex parte freezing order – whether duty of candour requires applicant to identify potential bases to find an implied licence – whether freezing order should cover potential additional damages
Patents – amendment – application to amend – fair basis – whether “discrete, unitary disclosure” of combinations of features necessary United States Gypsum Company v CSR Building Products Ltd  FCA 595 The applicant...
Patents – amendment – application to amend to avoid inutility claims – applications limited to deletions of positive statements in the specification concerning the utility of the invention – exercise of discretion
Few insurance law issues have caused greater industry concern than the entitlement of third-party claimants to issue proceedings against liability insurers. Legislation recently enacted in NSW may only create further difficulties.
The Sports Section of CommBar will co-host a CPD and social event with the Sports Section of the LIV. The topic is “Issues in Racing: Cobalt, Characters and Courts”. It will be in the...
Into the twilight zone: Corporate insolvency amendments, and the disappearing act of section 511 (et al)
Seeking directions from the Court in the period 1 March to 1 September 2017 – what are liquidators and administrators to do?
Justice Robson has delivered his decision on an application by receivers and managers for directions as to, among other things, their obligations to pay preferential debts under the Corporations Act from the surplus generated by their trading-on of a business and other recoveries by their appointing bank.
In this recent decision, the landlord got the benefit of a dubiously worded outgoings clause. The High Court gave full effect to the parties’ commercial intent to hold that commercial common sense dictated that the tenant would be liable for all outgoings under a long term lease.
Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd  HCA 12
Patents – extension of time to extend term – licences to exploit during period of extension of time application and beyond
H. Lundbeck A/S v Commissioner of Patents FCA 56
Patents – unjustified threats – damages – ultimate findings unsupported, and contradicted by, evidence at trial
Australian Mud Company Pty Ltd v Coretell Pty Ltd  FCAFC 44
Patents – innovation patents – divisional application – infringement – date from which a patentee is entitled to relief – whether from date of parent patent or date of grant of divisional patent
Coretell Pty Ltd v Australian Mud Company Pty Ltd  FCAFC 54
What a difference a Day makes: the High Court on disqualifying pecuniary interests of parliamentarians
In Re Day [No 2]  HCA 14, the High Court determined that Mr Bob Day had an indirect pecuniary interest in an agreement with the Commonwealth, and was thereby disqualified from being chosen or sitting as a senator pursuant to s 44(v) of the Constitution. The Court’s decision substantially revised the ambit of that section.
Re Day [No 2]  HCA 14