This was an appeal from the ultimate disposition at first instance of Deckers’ successful copyright and trade mark infringement claims against various respondents in respect of their use of various UGG marks and the manufacture and sale of counterfeit UGG boots.
Recent Victorian Offer of Compromise reform: costs inclusiveness, claim failure, pre-litigation offers and other changes
The Magistrates’ Court General Civil Procedure (Offers of Compromise Amendments) Rules 2014 bring the rules on offers of compromise in the Magistrates’ Court of Victoria (“MCV”) largely into alignment with the Supreme Court of Victoria (“VSC”) and County Court of Victoria (“CCV”) rules on offers of compromise. This amendment commenced on 1 August 2014. The VSC and CCV rules were amended on 1 September 2013 and 7 October 2013 respectively.
The Commonwealth Government released an Online Copyright Infringement discussion paper (pdf) on 30 July 2014. Responses are required by 1 September 2014. The problem the discussion paper identifies is the high level of usage of the Internet by Australians to infringe copyright by downloading illegally movies, recorded music and the like and a perceived need, following the High Court’s decision in Village Roadshow v iiNet, to compel ISPs to negotiate with copyright owners about the introduction of systems such as ‘Notice and Takedown (and Put back)’ procedures.
The Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014 (Vic) was given Royal Asset on 8 April 2014, and amends the Civil Procedure Act 2010 (Vic) (the “CPA”). The amendments mainly concern document management in the discovery process.
Court of Appeal decides that VCAT is a “court” for the purposes of s8 of the Commercial Arbitration Act 2011
A majority of the Victorian Court of Appeal has found that VCAT is a “court” for the purposes of s8 of the Commercial Arbitration Act 2011 (the CAA) with the result that if a party to the arbitration agreement so requests, the Tribunal is precluded from hearing the proceeding and the dispute must be referred to arbitration.
The HCA disallowed a joint venturer’s claim to have derived a lump sum as constructive trustee. Alleged fiduciary duties owed to a non-venturer were not accepted. Alternatively, the venturer’s purported equitable assignment of his rights to the lump sum was not tax-effective.
The Halal Certification Authority has $10 in nominal damages for trade mark infringement against each of Scadilone, White Heaven and Quality Kebabs, but $91,015 additional damages against Quality Kebabs.
The UK Supreme Court has held that a 6-year limitation period applies to knowing receipt and knowing assistance claims. Will Australian courts apply the equivalent limitation provisions in the same way?
The Privacy Commissioner has recently determined that AeroCare Pty Ltd (Aerocare) breached the privacy of a blind airline passenger when asking a range of questions to the passenger regarding his medical condition, in front of the complainant’s sighted guide and various passengers in the departure lounge at the Sunshine Coast airport.
In a unanimous judgment, the High Court has held that the Births, Deaths and Marriages Registration Act 1995(NSW) (the Act) empowers the Registrars to register a person’s sex as “non-specific”.
Successful patentee not required to amend patent to reflect adverse findings in respect of certain claims before obtaining relief for infringement
Co-authored by Peter Heerey AM QC, Tom Cordiner and Alan Nash. Following on from his Honour’s decision reported above, JAI Products asserted that, because the only patent claims upon which Damorgold succeeded were dependent on claims that had been found invalid, it was necessary for Damorgold to amend the patent pursuant to section 105 of the Patents Act before it was entitled to an order for injunctive relief. JAI Products plainly wished to argue that the Court should exercise its discretion not to amend the patent because of culpable delay or the like.
Co-authored by Peter Heerey AM QC, Tom Cordiner and Alan Nash. Case note on Agapitos v Habibi  WASC 47.
Co-authored by Peter Heerey AM QC, Tom Cordiner and Alan Nash. Case note on Caffell & Falcon  FamCAFC 34.
Co-authored by Peter Heerey AM QC, Tom Cordiner and Alan Nash. Case noted on Bugatti GmbH v Shine Forever Men Pty Ltd (No 2)  FCA 171.