It has been held that only an owner of a trade mark at the time the application is made can apply for registration, and that an applicant for a trade mark which would otherwise be deceptively or confusingly similar because an existing registered trade mark has a reputation which is confined to one State, cannot avoid that consequence by disclaiming the right to use in that State
Where one has a purported deed or a ‘heads of agreement’ type of document, when might that document be binding and when might it fall short? And when might someone who has not signed the document still be a ‘party’ to it?
The Turnbull Government has introduced a bill to abolish the limited merits review regime under the National Electricity and Gas Laws. The bill is a major departure from the cooperative federalism that underpins the national energy regime, and raises interesting questions about how it will operate in future.
This article considers the relevant Acts, Rules and Practice Notes that apply in appealing a VCAT decision, identifies the documents that must be prepared, and provides an overview of the relevant appeal steps.
In Rizeq v Western Australia  HCA 23, the High Court had the opportunity to resolve some doubts about the sources of law in federal jurisdiction and about the operation of s 79 of the Judiciary Act 1903 (Cth).
On 25 July 2017, the Federal Court ordered an egg supplier to pay a pecuniary penalty of $750,000 for falsely advertising eggs as “free range” and for engaging in misleading or deceptive conduct in so doing.
In response to years of consumer complaints, the state government has implemented major reform in the domestic building area. Most notable is the introduction of a new mandatory dispute resolution process called DBDRV. This article will briefly explain the new procedure and identify some of its potential failings.
Copyright – extension of ex parte freezing order – whether duty of candour requires applicant to identify potential bases to find an implied licence – whether freezing order should cover potential additional damages
Patents – amendment – application to amend – fair basis – whether “discrete, unitary disclosure” of combinations of features necessary United States Gypsum Company v CSR Building Products Ltd  FCA 595 The applicant...
Patents – amendment – application to amend to avoid inutility claims – applications limited to deletions of positive statements in the specification concerning the utility of the invention – exercise of discretion
Few insurance law issues have caused greater industry concern than the entitlement of third-party claimants to issue proceedings against liability insurers. Legislation recently enacted in NSW may only create further difficulties.
The Sports Section of CommBar will co-host a CPD and social event with the Sports Section of the LIV. The topic is “Issues in Racing: Cobalt, Characters and Courts”. It will be in the...
Into the twilight zone: Corporate insolvency amendments, and the disappearing act of section 511 (et al)
Seeking directions from the Court in the period 1 March to 1 September 2017 – what are liquidators and administrators to do?
Justice Robson has delivered his decision on an application by receivers and managers for directions as to, among other things, their obligations to pay preferential debts under the Corporations Act from the surplus generated by their trading-on of a business and other recoveries by their appointing bank.