Case note written by Peter Heerey AM, QC, Tom Cordiner & Alan Nash. In Mastronardi Produce Ltd v Registrar of Trade Marks  FCA 1021 (19 September 2014) Justice Gordon has overturned a decision of the Registrar to reject the mark ZIMA in respect of tomatoes.
Written by Peter Heerey AM, QC, Tom Cordiner & Alan Nash. In Vertical Leisure Limited & Anor v Skyrunner Pty Ltd & Anor  FCCA 2033 (5 September 2014), the Federal Circuit Court has extended the record by awarding $300k in additional damages for infringement of Vertical Leisure’s X-POLE mark registered for pole-dancing poles. Vertical Leisure is the Australian and international market leader in respect of such products.
Consideration of ‘special federal matter’ within the meaning of s 6(1) of the Jurisdiction of Courts (Cross Vesting Act) 1987 (Cth)
Whether application seeking a declaration for or against the title of the trustee to a trustee in bankruptcy under s 58(1)(a) of the Bankruptcy Act 1966 (Cth) is a ‘special federal matter’ within the meaning of s 6(1) of the Jurisdiction of Courts (Cross Vesting Act) 1987 (Cth).
A case study in the importance of compliance with overarching obligations, O44 and the Expert Code of Conduct by lawyers and experts and the serious consequences that can flow from any non compliance.
Case note by Peter Heerey AM, QC, Tom Cordiner & Alan Nash – Australian entities that pay royalties to foreign-based licensors are required to withhold and remit to the Australian Tax Office a portion of that royalty, except to the extent an international tax agreement between Australia and the relevant country provides otherwise.
Case note by Peter Heerey AM, QC, Tom Cordiner & Alan Nash: correspondents for South Australia, Victoria and Western Australia
Stylis and Commissioner of Patents  AATA 796 28 October 2014
The Administrative Appeals Tribunal has refused an application to review a particular decision of the Commissioner of Patents on the basis that the AAT lacks jurisdiction to review it.
Bennett, Greenwood and Middleton JJ unanimously upheld the primary judge’s decision in Miles v Commissioner of Patents  FCA 1017, a case involving a lapsing patent application.
On an application to enforce a foreign arbitral award in the Federal Court, the respondent unsuccessfully sought to resist enforcement on the grounds that he had not received “proper notice” of the original arbitration proceeding.
The Commonwealth government’s ‘root and branch’ review of Australia’s competition laws has reached the half-way mark. Proposed reform of section 46 of the Competition and Consumer Act 2010 is especially controversial.
The Victorian Court of Appeal has refused an application for leave to appeal against a decision of a trial judge to allow a plaintiff to amend his statement of claim in a group proceeding. The amended pleading relates to the interpretation of section 729 of the Corporations Act 2001 (claim for loss and damage arising from misleading or deceptive statements in a disclosure document).
After great introductory fanfare, the Asian century was meant to be all things to those who traded in Asia. But have events turned out that way? This article says yes and that opportunities continue.
ACCC v Informed Sources (Australia) Pty Ltd & Ors VID450/2014 – In August this year the ACCC launched Federal Court proceedings against retail petrol suppliers. The case is an important test of the application of Australia’s competition laws to ‘tacit collusion’. The ACCC has to date had minimal success in this area.
High Stakes Litigation: Highlights of the Victorian Bar and Law Institute of Victoria Joint Conference
The first ever Victorian Bar and Law Institute of Victoria Joint Conference, held on Friday 17 October 2014, was an opportunity for the profession and the judiciary to confront the complexities and challenges of modern high stakes litigation and dispute resolution.
Are you a County Court litigator charging scale? If so, congratulations, you just got a pay rise. Commiserations on the other hand if you a County Court litigant already rueful about rejecting a shrewd offer of compromise. Your burden just got heavier. The County Court of Victoria has amended its cost rule, Order 63A. For beneficiaries of scale costs (lawyers and successful litigants especially) this is good news.