Patent infringement and validity – failure of experimental proof to establish infringement – lack of best method – refusal to amend patent to address lack of best method
Practice and procedure – mandatory interlocutory injunction – no evidence of quantifiable loss – little inconvenience to respondent
The High Court has unanimously held that property held by a bankrupt on trust for third parties in which property the bankrupt had a beneficial interest vested in the trustee in bankruptcy.
This note examines current issues in the application of competition law to non-horizontal mergers, with particular reference to the recent decision of the Federal Court in the Pacific National case, and the arguments raised in the appeal to the Full Court.
For ACL buffs, Treasury’s current Consultation Regulation Impact Statement is a doozy. Reading between the lines, it seems to suggest that unfair contract terms may soon be outlawed once and for all.
The Court of Appeal recently decided a case about the interpretation of the moratorium on petroleum exploration under the Petroleum Act 1998 (Vic).
The Supreme Court of Victoria has held that payment claims under the Building and Construction Industry Security of Payment Act 2002 (Vic) served before a “reference date” are invalid, notwithstanding a contractual deeming provision to the contrary.
An item of work in a payment claim which has not been paid may be claimed again and again as a component of successive payment claims provided the payment claim itself is valid. The limitation period in s 14(4)(b) of the Security of Payment Act only applies to the payment claim.
The Court of Appeal has found that a judge’s exercise of the discretion to construe a recourse provision on an ‘as if final’ basis on an application for an interlocutory injunction to restrain recourse to performance securities miscarried.
A majority of the Full Court of the Federal Court has found that fraud by an agent can stultify the function of a tribunal. The fraudulent conduct need not be of the ‘red blooded’ species proscribed by the common law.
Can a court issue an injunction to restrain a third-party from taking action that would threaten the subject of judicial review proceedings after it has set aside a decision and ordered that it be remade according to law?
A combination of years’ delay in enforcement and complex loan documentation created an evidentiary ‘perfect storm’ for the lender, which found itself saddled with documentation that did not tell a coherent story, leaving even the identity of the lender in dispute.
The Wagner brothers, who sued the publishers of a 60 Minutes broadcast regarding the 2011 Grantham floods, have been awarded considerable damages, including aggravated damages. The judgment reminds publishers of the importance of appropriate pre-publication steps.
In Australia, it is presently unclear whether and to what extent the unreasonableness ground applies to administrative action based on non-statutory executive power. Earlier this year, Robertson J handed down a decision which advances the limited jurisprudence in this area.