Trade marks – objection to registration – deceptive similarity – likelihood of deception or confusion – MALTESERS vs MALTITOS
The Australian Energy Regulator says that networks’ regulated revenue should not cover inefficient EBA redundancy policies; but the Fair Work Commission rules that the networks must continue to apply those policies. Who will bear the cost: the networks, or consumers?
A trustee in bankruptcy can object to discharge on grounds that go beyond those specified in the Bankruptcy Act.
A bankruptcy trustee’s notice objecting to discharge on one of the special grounds specified in the Bankruptcy Act 1966 can be valid even if based on additional unstated reasons, so long as those reasons are directed to the achievement of a purpose of the law of bankruptcy.
Rare judgment provides insight into exploration JV disputes and construction of Joint Operating Agreements.
Is the existence of a reference date under Security of Payment legislation a jurisdictional fact amenable to review?
The NSW Court of Appeal determined, unanimously, that a finding by an adjudicator of an available reference date is not a jurisdictional fact and therefore is not a precondition to the making of a valid payment claim. On this basis the adjudicator’s decision was not amenable to judicial review.
Validity of payment claims solely for work previously performed but not claimed in an earlier payment claim in respect of an earlier reference date under the BCISOP Act
Will a Payment Claim under the BCISOP Act be valid if it:
- only claims for work not previously claimed in an earlier payment claim made pursuant to an earlier reference date; and / or,
- does not contain a claim for work performed since the last reference date ?
VCAT has recently confirmed that an applicant in a building action is not entitled to make a claim against a respondent who has been joined as a concurrent wrongdoer if that claim is out of time under the Building Act 1993.
In obiter remarks the High Court has now provided some clarity by unequivocally stating that “surrounding circumstances” may only be used to construe a written contract when “ambiguity” is present.
“Bad call”: Non-disclosure by franchisor of franchisee wage costs
In ACCC v RL Adams, Justice Edelman warned future defendants of an increase in the quantum of penalties that may be ordered for misleading or deceptive conduct in ‘free range’ claims. Defendants may face multiple contraventions and be subject to far greater fines to stem the tide of false ‘free range’ advertising.
Consideration of the arguments in relation to the extent to which parties in a group proceeding can, in settling the proceeding, bind group members to their compromise and preclude them from agitating rights against the defendants not pleaded by the applicants or addressed by the common questions.
Final decisions of the Financial Ombudsman Service (FOS) made on the basis of its opinion as to what is fair in all the circumstances are rarely reviewable by the courts, even if it makes errors in the decision-making process.
High Court on apprehension of bias: A person who brings charges has a conflict of interest in deciding matters consequential to those charges
A person who brings charges, whether as a prosecutor or other accuser, has a conflict of interest in participating in a decision on matters consequential to those charges that may give rise to a reasonable apprehension of bias.
With the promise of a rare CPD ethics point for fortunate attendees, the Sports Section of the Commercial Bar recently hosted a lively session entitled ‘Sports Law Ethics and Journalists’. Leading the discussion were...