TRADE MARKS - whether respondents infringed Dunlop word marks and/or the Flying D device marks ("Dunlop/Flying D marks") registered with respect to (inter alia) aircraft tyres and related parts and aircraft tyre re-treading services - whether defences available under s 120(2), s 122(1)(a), (b), (e) and (f) of the Trade Marks Act 1995 (Cth) ("the Act")
TRADE MARKS - whether the Dunlop/Flying D marks should be removed from the Register for non-use pursuant to s 101(2) of the Act in so far as they extend to aircraft tyres and related parts and aircraft tyre re-treading services - whether registered owner used such marks in respect of aircraft tyres and related parts or aircraft tyre re-treading services - whether there was authorised use by wholly owned subsidiary of registered owner - significance of licence agreement between parent and wholly owned subsidiary - whether marks should be removed
TRADE MARKS - whether trade mark registrations for Dunlop/Flying D marks should be rectified pursuant to s 88(1) of the Act on grounds specified in s 88(2)(a)(c) or (e) of the Act - whether an order may be made under s 88(1) of the Act that takes effect before such order is made - whether trade mark owner can obtain relief for infringement of a trade mark that is cancelled or rectified pursuant to s 88(1) of the Act
Dunlop Aircraft Tyres Limited v The Goodyear Tire & Rubber Company [2018] FCA 1014
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Homart Pharmaceuticals Pty Ltd v Careline Australia Pty Ltd [2018] FCAFC 105
CONSUMER LAW - appeal - whether primary judge erred in finding packaging and get-up of appellant's cosmetic products misleadingly or deceptively similar to that of respondent's products - where different brand name present, but packaging otherwise similar - significance of lack of evidence of consumer confusion - characterisation of conduct as irrelevant third-party conduct - whether principle in Australian Woollen Mills Limited v FS Walton & Co Limited [1937] HCA 51; (1938) 58 CLR 641 properly applied - whether variants of products impermissibly conflated - appeal dismissed
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Pilkin v Sony Australia Limited [2018] FCA 1018
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Kraft Foods Group Brands LLC v Bega Cheese Limited (No 3) [2018] FCA 1023
PRACTICE AND PROCEDURE - subpoena issued to non-party - non-party claims that documents produced to the court pursuant to the subpoena are confidential and contain information in the nature of a trade secret - dispute between party and non-party concerning form of undertaking to be given by party's barristers and their instructing solicitors - form of order and undertaking made in the form contended for by the party
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Huon Aquaculture Group Limited v Minister for the Environment [2018] FCA 1011
ENVIRONMENT LAW - application for declaration that a decision of the Minister for the Environment that an action referred to him pursuant to s 69 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) was invalid - Minister determined that the proposed action was not a controlled action if carried out in accordance with specified manner provisions - declaration sought by a company that had proposed to take the relevant "action" - whether relief should be refused assuming invalidity - applicants resiling from seeking to prove that "action" had or would have a significant impact on matters of national environmental significance - principles applying to discretion to grant relief - delay - alternative relief - acquiescence - effect on other parties having ordered their affairs in reliance on the decision - application dismissed
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Ferguson v Premier Plasterboard Pty Ltd [2018] FCA 1028
BANKRUPTCY AND INSOLVENCY - application for review of a decision of a Registrar - Registrar dismissed an application to set aside a bankruptcy notice and an application for an extension of time for compliance with a bankruptcy notice - application for review dismissed.
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Masood v Minister for Immigration and Border Protection [2018] FCA 1026
MIGRATION - application for extension of time to appeal - whether proposed appeal meritorious
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Thapa v Minister for Immigration and Border Protection [2018] FCA 1027
MIGRATION - application for extension of time to appeal - whether proposed appeal meritorious
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Elliott v State of Victoria (Department of Education & Training) [2018] FCA 1029
PRACTICE AND PROCEDURE - application by litigation representative for approval of settlement -consideration of relevant factors for approval including pressures of litigation and psychological and emotional strain - settlement approved
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Home Ice Cream Pty Ltd v McNabb Technologies LLC [2018] FCA 1033
PRIVATE INTERNATIONAL LAW consideration of an interlocutory application for the grant of an anti suit or anti anti suit injunction in relation to proceedings commenced in the Circuit Court of Cook County Illinois
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Lebbon v Kogi Iron Limited [2018] FCA 1024
CORPORATIONS - application for an injunction restraining the appointment of directors - where it is not known whether the directors will be elected
PRACTICE AND PROCEDURE - where application made ex parte and as a matter of urgency - where nothing to explain the delay in bringing the application - where applicants do not have a strong case on the merits - consideration of the balance of convenience - application refused
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Money Max Int Pty Limited (Trustee) v QBE Insurance Group Limited [2018] FCA 1030
REPRESENTATIVE PROCEEDING - application for court approval of settlement under s 33V of the Federal Court of Australia Act 1976 (Cth) - whether the proposed settlement is fair and reasonable - whether legal costs charged by legal representatives are reasonable - whether the proposed settlement administration costs are reasonable - the use of independent costs experts - the use of court-appointed referees to decide the reasonableness of legal costs - whether proposed funding rate is appropriate - whether the applicants' reimbursement claims are reasonable - settlement approval granted
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Pappin on behalf of the Muthi Muthi People v Attorney-General of New South Wales (No 3) [2018] FCA 1036
NATIVE TITLE - Where applicant filed an amended native title claimant application after earlier application rejected for registration - where a delegate of the Native Title Registrar refused to register the amended claimant application - whether the Court, by its own motion, should dismiss the amended claimant application under s 190F(6) of the Native Title Act 1993 (Cth) - held: amended claimant application dismissed
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SSBV by his Litigation Guardian v National Disability Insurance Agency [2018] FCA 1021
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McLachlan v Assistant Minister for Immigration and Border Protection (No 2) [2018] FCA 1040
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Burragubba on behalf of the Wangan and Jagalingou Peoples v State of Queensland (No 2) [2018] FCA 1031
PRACTICE AND PROCEDURE -- request by applicant for access to documents, being expert reports and affidavits exhibiting or annexing those reports, in the custody of the Federal Court in a large number of other proceedings under the Native Title Act 1993 (Cth) to which the applicant was not a party - those earlier proceedings either currently pending before the Court or determined by judgment following trial or determined by a consent determination or terminated prior to any determination by the Court
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Construction, Forestry, Maritime, Mining and Energy Union v BHP Billiton Nickel West Pty Ltd [2018] FCAFC 107
INDUSTRIAL LAW - appeal from decision of single judge - where s 490(2) of the Fair Work Act 2009 (Cth) confers right for union representatives to access work premises to hold discussions with employees "during mealtimes or other breaks" - whether holding discussions before an employee's shift is permitted under s 490(2) - meaning of the term "breaks" - finding that ordinary meaning of the term "break" necessarily implies an interruption in continuity - discussions to occur during, not before or after, a work shift
STATUTORY INTERPRETATION - whether the phrase "mealtimes or other breaks" is ambiguous - whether appropriate to have regard to the Explanatory Memorandum to the Fair Work Bill 2008 (Cth) - where Explanatory Memorandum includes "holding discussions before or after an employee's shift" as an example of a "break" - finding that the phrase "mealtimes or other breaks" is unambiguous - finding that recourse to the Explanatory Memorandum is not merited - appeal dismissed
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Hooke v Bux Global Limited (No 3) [2018] FCA 1038
PRACTICE AND PROCEDURE - application for orders requiring documents to be produced to the Court to determine whether they are subject to legal professional privilege - application allowed as to most documents
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Wang v MTC Australia Ltd [2018] FCA 1037
INDUSTRIAL LAW adverse action where the Respondent took adverse action against the Appellant by terminating her employment whether the reason for termination was the exercise of a workplace right whether the primary Judge erred in concluding that the Appellant was dismissed because of her performance and not because of the exercise of a workplace right where onus of proof reversed whether the Respondent discharged its onus of proof
PRACTICE AND PROCEDURE apprehended bias whether there was a reasonable apprehension that the primary Judge was biased
INDUSTRIAL LAW costs where matter arising under the Fair Work Act 2009 (Cth) where discretion to award costs enlivened whether the primary Judge erred in ordering that there be no order as to costs whether the exercise of the discretion of the primary Judge infected by error of the kind described in House v The King (1936) 55 CLR 499
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Sportsbet Pty Ltd v Crownbet Pty Ltd [2018] FCA 1045
PRACTICE AND PROCEDURE - application for interlocutory injunction - where applicant offered betting services to Australian consumers under the name SPORTSBET - where respondents proposed to commence offering betting services under the name SPORTINGBET - where applicant alleged that the respondents' proposed conduct would contravene s 18 of the Australian Consumer Law - whether applicant had made out a prima facie case - whether balance of convenience favoured the grant of an injunction - interlocutory injunction granted
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