Recent Publications

This article updates readers on the most important developments in international arbitration in Australia in the past year. It surveys legislative, case law, policy and other developments in Australia since 1 September 2011.

This article was first published in the Australasian Dispute Resolution Journal, November 2012, and is reproduced with permission.

Blowing Hot & Cold on the International Arbitration Act

by Albert Monichino SC - co-authored

May 2013

Summary :

"Blowing hot and cold on the International Arbitration Act" a paper co-authored by Albert Monichino SC.

For a comprehensive overview of Castel v TCL Air Conditioner and the ongoing ramifications for Australia's arbitration system please download the attached article by clicking on the above title.

This article was first published in the Law Society Journal, May 2013, and is reproduced with permission.

Australian Consumer Law: Unfair Contracts and other Litigation

by Dr Philip Bender

July 2012

Summary :

Dr Bender examines the unfair contract provisions of the ACL. The paer also examinesa small selection of recent cases.

A Bridge Across Time

by Roz Germov

July 2012

Summary :

Controversy has arisen as to whether an application for an extension of time to lodge a judicial review application is an application for judicial review for the purposes of a BVE

After Gallo Winery v Lion Nathan: Does a parallel importer of trade-marked goods infringe the mark?

by Graeme Clarke SC

July 2011

Summary :

The High Court in Gallo Winery v Lion Nathan left open the question whether a parallel importer of trade-marked goods uses the trade mark. However the court’s non-use decision has implications for parallel importers. This article seeks to resolve uncertainties about whether a parallel importer infringes the registered mark.

CONFIDENTIALITY IN MEDIATIONS – A WORK IN PROGRESS

by Tony Nolan SC

June 2010

Summary :

Mediators often tell the parties at mediation that the mediation process is private and confidential. This may be reinforced by a mediation agreement,
usually prepared by a mediator and executed by the parties that describe the mediation as “confidential”. What does confidentiality really mean?

Limitations of U.S. Securities Litigation against Australian Companies by Australian Plaintiffs

by Jonathon Redwood

December 2008

Summary :

This brief case note discusses an important US decision on US class actions involving a prominent Australian company and the implications of the decision for Australian companies and cross-border securities class action litigation.

Confidential Information and Trade Secrets

by Graeme Clarke SC

November 2008

Summary :

The public domain is a limiting concept on breach of confidence claims. Information in the public domain is not confidential. Where the information is a trade secret about a product, sale of the product in the marketplace does not necessarily mean that the confidentiality of the secret, along with the plaintiff's cause of action, is destroyed. A Court of Equity may order relief despite the sale in appropriate circumstances.

The Meaning of the Charter of Human Rights and Responsibilities for Judicial Review and Administrative Review

by Alistair Pound

May 2007

Summary :

This paper outlines the main structural features of the Charter and discusses its potential impact on judicial and administrative review, including the principle of proportionality, the manner in which it will affect the traditional grounds of review, and the use of case law from other jurisdictions.

Interlocutory Injunctions in Intellectual Property Cases: Principles & Practice

by Graeme Clarke SC

March 2007

Summary :

This article discusses changes which the High Court and the Court of Appeal have recently made to interlocutory injunction principles.

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