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6 Jul 2013, 12:22 am by Mark Summerfield
Enviro Pak Pty Ltd v New Horticulture Pty Ltd [2013] FCA 306 (2 April 2013)Enviro Pak Pty Ltd v New Horticulture Pty Ltd (No 2) [2013] FCA 624 (25 June 2013)It is not common for the Federal Court of Australia to allow a corporation to be represented by a non-lawyer. [read post]
31 Oct 2011, 9:14 am by Media Law Prof
Lindsay, Monash University Faculty of Law, has published Liability of ISPs for End-User Copyright Infringements: The First Instance Decision in Roadshow Films Pty Ltd v. iiNet Ltd (No 3) at 60 Telecommunications Journal of Australia 1 (2010). [read post]
11 Dec 2016, 10:37 am by Aslam Moosajee
In the case of Freshvest Investments (Pty) Ltd v Marabeng (Pty) Ltd, the court concluded that the lower court had erred in referring the liquidation application to oral evidence after finding that the debt was disputed on bona fide and reasonable grounds. [read post]
18 Jul 2012, 7:56 am by Mark Summerfield
Preference Manufacturing (Aust) Pty Ltd and Commissioner of Patents and Breezway Australia (Holdings) Pty Ltd (Joined Party) [2012] AATA 393 (27 June 2012) Practice and procedure – opposition to the allowance of an amendment of notice of entitlement summarily dismissed – whether matter capable of being determined summarily In the latest development in a dispute which could turn out to be a great expenditure of time, money and public resources for… [read post]
12 Jul 2011, 6:16 am by Dr Mark Summerfield
Myall Australia Pty Ltd v RPL Central Pty Ltd [2011] APO 48 (12 July 2011) Opposition – ground raised by Patent Office – patentable subject matter – whether computer-implemented information system and process a ‘manner of manufacture’ In a decision on which we would like to provide extensive commentary – but cannot because of our own involvement in the case – Hearing Officer Sushil Aggarwal has found the following… [read post]
9 Feb 2016, 9:30 pm by Donald Dinnie
The judgments in Country Cloud Trading CC v MEC, Department of Infrastructure Development and Masstores (Pty) Ltd v Pick n Pay Retailers (Pty) Ltd  have confirmed the right to a claim based on the intentional deprivation of a benefit a contracting party would otherwise have obtained from the performance of a contract. [read post]
10 Mar 2008, 9:12 pm
In  Areva Nc (Australia) Pty Ltd -V- Summit Resources (Australia) Pty Ltd [No 2]  [2008] WASC 10, the Supreme Court of Western Australia dealt with the issue whether a draft incomplete statement taken from a witness by a former solicitor for a company but which was never signed or provided to the company is part of the "books" of the company. [read post]
15 Mar 2014, 9:59 pm by Mark Summerfield
Australian Mud Company Pty Ltd v Coretell Pty Ltd [2014] FCA 200 (13 March 2014)It was only last month that I wrote about the changes to ‘patent attorney privilege’ introduced by last year’s Raising the Bar law reforms, and now we have the first decision of the Federal Court of Australia to consider the new provisions.Just to recap quickly, the ‘privilege’ I am referring to is the legal professional privilege which protects… [read post]
12 Aug 2007, 9:00 pm
DMCA Safe Harbor Provisions: JadeLiquid wants to liquidate Google links to software product and key; From: JadeLiquid Software Pty Ltd To: Google, Inc.Date: 2007-05-30 [read post]
4 Jul 2007, 6:18 pm
By Donald Zuhn -- Last Thursday, the Federal Circuit upheld a judgment from a District Court that Defendant-Appellant Alphapharm Pty., Inc. had failed to prove invalidity and unenforceability of claims 1, 2, and 5 of U.S. [read post]
28 Nov 2007, 11:32 am
The ACCC has been successful in 2 recent prosecutions: In Australian Competition & Consumer Commission v Australian Abalone Pty Ltd [2007] FCA 1834 penalties totalling $927,500 were imposed on individuals and companies involved in a Victorian abalone cartel. [read post]
25 Mar 2024, 3:36 am by Donald Dinnie
This Gauteng judgment Trident South Africa (Pty) Ltd / Bateman Trident (Pty) Ltd v Shainne John Taylore & 2 Others has reaffirmed that economic pressure does not in itself create a basis to escape a settlement agreement on the grounds of duress. [read post]
6 Sep 2015, 3:43 am by INFORRM
In the case of Fairfax Media Publications Pty Ltd v Pedavoli  ([2015] NSWCA 237) the NSW Court of Appeal has unanimously dismissed an appeal by Fairfax Media over the $350,000 damages awarded to a female schoolteacher it falsely accused of sexually preying on male students. [read post]
20 Jul 2014, 1:23 am by Mark Summerfield
  Thus an inability to do so on its own behalf may place it at a disadvantage.This issue arose recently in a series of decisions issued by Justice Middleton in the Federal Court of Australia, Damorgold Pty Ltd v JAI Products Pty Ltd [2014] FCA 150, Damorgold Pty Ltd v JAI Products Pty Ltd (No 2) [2014] FCA 377 and Damorgold Pty Ltd v JAI Products Pty Ltd (No 3) [2014] FCA 651. [read post]
30 Oct 2008, 5:23 am
The A$147,400 fine paid by Dodo Australia Pty Ltd ( Dodo ) highlights the legal risks of telemarketing under Australian law. [read post]
24 Jul 2011, 6:51 am by Dr Mark Summerfield
  In particular, Robert Dommett, who through his business RDA Research provides market research services, contended that he was in inventor, and was entitled to be a ‘nominated person’ (i.e. applicant), in respect of Australian patent application no. 2010201111, filed in the name of Zebra Research Pty Ltd (‘Zebra’), and naming Katie Harris as an inventor. [read post]
11 Aug 2010, 3:53 am by Barry Eagar
Case: Invention Pathways Pty Ltd [2010] APO 10 (21 July 2010)Delegate: Deputy Commissioner of Patents - P.M. [read post]