Winding up a company when you are the trustee in bankruptcy of the sole director and shareholder can be more complicated than you think.
Trade marks – interlocutory injunction – whether serious question to be tried – whether actual non-monetary harm needs to be shown.
Trade marks – opposition – substantially identical – reputation – use of similar marks in different States – infringement – defences – good faith use of own name – revocation – inherent adaptability to distinguish.
Computer software – exclusive licence – construction – ambiguity in payment provisions – extrinsic evidence – commercial sensibility.
Trade marks – exclusive trade mark licence “in perpetuity” – implied terms – whether implied term that licence extends to replacement versions of licensed marks – whether implied term that marks be re-assigned if licence is breached – admissibility of extrinsic material.
In Suk v Hanjin Shipping Co Ltd  FCA 1404, the Federal Court (a) provided guidance on how courts are to determine what stay arises upon recognition of foreign main proceedings under the Cross-Border Insolvency Act 2008; and (2) demonstrated that such recognition can cause maritime lien actions to be stayed.
The Federal Court ordered an American video game giant to pay a $3 million penalty for misleading Australian consumers in a decision that sends a strong message to overseas traders to comply with the Australian Consumer Law.
The New South Wales Court of Appeal has determined that an adjudicator’s decision under the Building and Construction Industry Security of Payment Act 1999 (NSW) is not amenable to judicial review for error of law on the face of the record, thus reversing the decision at first instance.
The interplay between the Anshun principle and class actions has been examined in detail by the High Court, which determined that class members are not precluded from raising individual issues and un-pleaded common issues by reason of their being a class member.
In response to years of consumer complaints, the state government is implementing major changes in relation to domestic building contracts and disputes in Victoria. Practitioners need to be aware of the new procedures and requirements.
Patents – damages for unjustified threats – person aggrieved – calculation of damages.
Copyright – infringement of the Lord of the Rings “One Ring Inscription” – summary judgment.
Trade Marks – passing off – misleading or deceptive conduct – Pacific Ale – groundless threats.
Misleading and deceptive conduct – trade indicia – “get up” of pharmacy chain – use of primary colours, especially yellow – appeal primarily against findings of fact.