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06 October 2021
Taking the Floor: Government proposes to legislate a recovery presumption for funded class action group members
On 30 September 2021, the Department of Treasury opened consultation on new laws which, if enacted in their proposed form, will introduce new hurdles for litigation funders intended to ensure fairer returns for group members in future funded class actions.
15 September 2021
Reckitt Benckiser puts a Finish (for now) to competitor’s launch of dishwashing tablets
Businesses launching a new brand in the Australian market need to consider the competitive landscape of existing brands, and the risk of a competitor seeking an urgent interim injunction against them, if they stray too close to an existing registered trade mark.
14 September 2021
Marketing a product as an “alternative” is no answer to trade mark infringement
The Full Court of the Federal Court has found that marketing a product as an “alternative” to a trade-marked brand is no answer to a claim of infringing use as a trade mark. In Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd , 1 Justices Jagot, Lee and Thawley took a broad view of trade...
17 August 2021
Enforcement of Court Judgments in the UK, the EU and Turkey after Brexit & Enforcement Strategy
Article co-authored with Turkish Law Firm, Pekin Bayar Mizrahi For many years, commercial parties across the globe, and particularly in Europe, have preferred to enforce their English law-governed agreements, and resolve their disputes, in the courts of England. This combination has been selected...
28 July 2021
New law on escalation clauses in Hong Kong
Key judgment on arbitration clauses affecting thousands of commercial contracts Many commercial contracts contain "escalation clauses"requiring parties to take certain steps before formal arbitration begins – such as a requirement to "negotiate in good faith" before starting arbitration.
20 July 2021
Virgin Territory: What are the Implications of Restructuring Plans for Defined Benefit Pension Schemes?
The judgment in Re Virgin Active Holdings Limited [2021] EWHC 1246 has empowered the use of restructuring plans under Part 26A to the Companies Act 2006 (‘RPs’) to compromise the rights of unsecured creditors based on evidence that they would receive little or no return on an insolvency.
02 July 2021
Australian court provides guidance on drafting of arbitration agreements and reasoning of awards
In a recent blog post , we discussed Australia’s pro-enforcement approach to foreign arbitral awards. A recent case of the Victorian Court of Appeal ( VCA ) affirms this approach in relation to domestic awards.
25 June 2021
Federal Court of Australia continues to reinforce Australia’s pro-enforcement approach to foreign arbitral awards
A recent case of the Federal Court of Australia affirms the Australian courts’ pro-enforcement approach to foreign arbitral awards under the regime of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention ).
24 June 2021
FEDERAL COURT OVERTURNS ‘ABSURD’ PATENT OFFICE RULING ON PATENT TERM EXTENSIONS FOR PHARMACEUTICAL SUBSTANCES
The Federal Court has rejected the Australian Patent Office’s historical approach to patent term extension ( PTE ) applications, upholding a challenge brought by two major pharmaceutical companies against an earlier decision of Australia’s Commissioner of Patents.
11 June 2021
Not all’s “fair dealing” in war and Greenpeace: Federal Court confirms limits of the “parody or satire” exception to copyright infringement
The Federal Court’s decision in AGL v Greenpeace 1 confirms that using a corporate logo in activist or protest materials may be permissible under both copyright and trade mark law, but only where that use constitutes a “fair dealing” for the genuine purpose of “parody or satire”. Not all such uses...
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22 July 2022
Artificial Intelligence and Renewables: The rise of renewables in Australia
What role will machine learning, a subset of AI, play in Australia's transition to a zero carbon energy future, and what are some of the implications and trade-offs that come with its increased use in our energy infrastructure?
20 July 2022
Trust companies survey 2022: Anti-money laundering regulation
The pace of change in anti-money laundering regulation has been rapid since the 2020 edition of our survey, and shows little sign of slowing down. The EU has introduced a significant AML reform package which is working its way through the legislative process, the UK recently issued responses to...
20 July 2022
‘Safe harbour’ protections may help Australian startups and scaleups ride out the current storm
With a tightening market for capital, the ‘safe harbour’ protections may be critical for Australian startups and scaleups who are unsure if they can raise more capital within their current cash runway or who need to raise through debt securities like convertible notes. Relying on ‘safe harbour’...
14 July 2022
Decarbonising Cities
Cities are responsible for around 75% of global CO2 emissions. To effectively battle climate change, urban hubs will need to be in the vanguard. A handful of cities are aware of this responsibility, and willingly placed themselves on the front lines in the effort to decarbonise.