Veda Advantage Limited v Malouf Group Enterprises Pty Limited [2016] FCA 255
INTELLECTUAL PROPERTY - Trade marks - alleged infringement of registered trade marks by unauthorised use of the marks as keywords and in sponsored link advertisements in Google AdWords program -...
View ArticlePrimary Health Care Limited v Commonwealth of Australia [2016] FCA 313
TRADE MARKS - whether marks inherently adapted to distinguish - whether marks do or will distinguish - use of marks before the priority date - whether use likely to deceive or cause confusion - whether...
View ArticleMinister for Immigration and Border Protection v SZUSU [2016] FCAFC 50
MIGRATION - appeals from the Federal Circuit Court of Australia - whether the Refugee Review Tribunal correctly understood "a right to enter and reside" for the purposes of s 36(3) of the Migration Act...
View ArticleQualify Me Pty Ltd v Get Qualified Australia Pty Ltd (No 2) [2016] FCA 309
COSTS - where each party enjoyed a measure of success - whether the court should depart from the rule that costs follow the event - respondent ordered to pay a percentage of the applicant's costs
View ArticleAZAFN v Minister for Immigration and Border Protection (No 2) [2016] FCA 305
MIGRATION - where applicant failed to attend hearing and appeal - application for reinstatement of appeal dismissed in the absence of the applicant
View ArticleBianco Hiring Service Pty Ltd v Bianco Construction Supplies Pty Ltd [2016]...
INTELLECTUAL PROPERTY - appeal from decision of a delegate of the Registrar of Trade Marks pursuant to s 56 of Trade Marks Act 1995 (Cth) - where delegate decided applicant was not the owner of the...
View ArticleWinn v Leigh [2016] FCA 319
PRACTICE AND PROCEDURE - application for extension of time and leave to appeal from decision of Federal Circuit Court - leave to discontinue refused - application dismissed - abuse of process - costs...
View ArticleWinn v Leigh [2016] FCA 320
PRACTICE AND PROCEDURE - application for extension of time - sealed copy of application not served on respondent - whether proceeding was invalid due to lack of service of sealed copy - notice of...
View ArticleTelstra Corporation Limited v Hunter [2016] FCA 318
WORKERS' COMPENSATION - compensation under s 14 Safety, Rehabilitation and Compensation Act 1988 (Cth) (the SRC Act) - s 5A(1) and (2) SRC Act - "injury" - "reasonable administrative action taken in a...
View ArticleASE16 v Australian Securities and Investments Commission [2016] FCA 321
CORPORATIONS - application under s 6 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) for review of the Australian Securities and Investments Commission's decision to issue notices...
View ArticleSZVHP v Minister for Immigration and Border Protection [2016] FCA 270
MIGRATION - Migration Act 1958 (Cth) - Refugee Review Tribunal made incorrect findings of fact which contributed to an adverse credibility finding - held no jurisdictional error for a wrong finding of...
View ArticleLehman Bros Australia Ltd v Lehman Bros Special Financing Inc [2015] FCA 1529
CORPORATIONS - Insolvency - Corporations Act 2001 (Cth) - approval of entry into a settlement deed between liquidator and creditors under ss 477(2A), 477(2B) and 479 - consideration of relevant factors...
View ArticleTyne (Trustee) v UBS AG [2016] FCA 241
APPEAL AND NEW TRIAL - application for leave to appeal - finding that proceeding was an abuse of process - whether discontinuance of substantially the same proceedings in a different court is a...
View ArticleMerck Sharpe & Dohme (Australia) Pty Ltd v Genentech Inc [2016] FCA 324
PATENTS - Patents Act 1990 (Cth) - competency of appeal from decision of Commissioner under s 60(4) of Patents Act 1990 (Cth) - opposition proceedings - first decision of Commissioner under s 60(1)...
View ArticleRegistrar of Aboriginal and Torres Strait Islander Corporations v Monaghan...
PRACTICE AND PROCEDURE - interlocutory application - whether to vacate a trial date - death of adult son of a party to proceedings - medical reports
View ArticleAustralian Swimming Coaches and Teachers Association Limited v Aussie...
PRACTICE AND PROCEDURE - whether interlocutory injunctions should be granted pending trial of proceeding - whether orders requiring delivery up should be made
View ArticleDahler v Australian Capital Territory [2016] FCA 257
PRACTICE AND PROCEDURE - Review of powers exercised by registrar/taxation officer - review of power to issue certificate of taxation - review of power to remove a document from a court file - review of...
View ArticleOztech Pty Ltd v The Public Trustee of Queensland (No 5) [2016] FCA 333
EVIDENCE - legal professional privilege - waiver - communications involving in-house lawyers
View Article