14 Jan

Posted at 13:40h in NSWCA

Catchwords: PRACTICE AND PROCEDURE – appeal – stay – medical practitioner – finding of professional misconduct – order suspending registration – period of suspension likely to expire before appeal determined – appeal reasonably arguable – misconduct involved single incident three years before order made – order the suspension not commence for 30 days – no evidence of immediate risk to patients or parents ...

07 Jan

Posted at 11:38h in FCAFC

Catchwords: TRADE MARKS – appeal – deceptive similarity – whether primary judge erred in finding DOWN-N-OUT deceptively similar to IN-N-OUT BURGER – appeal dismissed TRADE MARKS – cross-appeal from finding that directors not liable as joint tortfeasors with company for trade mark infringement – cross-appeal allowed CONSUMER LAW – misleading or deceptive conduct – appeal from findings that appellants’ conduct amounted to representation of an association with respondent – appeal dismissed TORTS – passing off – appeal from finding that appellants’ conduct amounted to passing off – whether necessary for respondent to have a reputation in the form of business and customers in Australia to support claim – appeal dismissed TORTS – passing off – cross-appeal from finding that directors not liable as joint tortfeasors with company for passing off – cross-appeal allowed ...

07 Jan

Posted at 11:38h in FCAFC

Catchwords: INDUSTRIAL LAW – appeal against quantum of pecuniary penalties for contraventions of ss 230(1)(b) and (c) and 233(2) of the Fair Work (Registered Organisations) Act 2009 (Cth) – whether primary judge erred in not ascribing a particular penalty to each contravention – whether primary judge misunderstood totality principle – whether primary judge erred in concluding that specific deterrence was relevant – whether primary judge erred in concluding certain contraventions were not part of single course of conduct – whether penalties manifestly excessive – where primary judge erred in assessing a single penalty for multiple contraventions – consideration of appropriate penalty in circumstances ...

07 Jan

Posted at 11:38h in FCAFC

Orders: 1. The name of the First Respondent be amended to Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. 2. The Notice of Objection to Competency filed on 20 August 2020 is upheld. 3. The proceeding is dismissed. 4. The application for orders under s 37AF of the Federal Court of Australia Act 1976 (Cth) made at the hearing is refused. 5. The Applicant is to pay the costs of the First Respondent, either as taxed or agreed. Note: Entry of orders is dealt with in Rule...

07 Jan

Posted at 11:38h in FCAFC

Orders: 1. The appellant be granted an extension of time up to and including 17 June 2020 within which to file an application for leave to appeal, and leave to appeal. 2. The appeal be allowed. 3. The orders of the Court made on 18 May 2020 be set aside and the interlocutory application filed by the appellant on 9 April 2020 be remitted to the trial judge for reconsideration in accordance with the reasons of this Court. 4. The respondent pay the appellant’s costs of the appeal. Note: Entry of orders is...

07 Jan

Posted at 11:38h in FCAFC

Catchwords: PRACTICE AND PROCEDURE – where appellant ordered by primary judge to pay respondent’s costs on an indemnity basis – where appeal allowed in part on narrow question of construction – where appeal judgment did not address indemnity costs question – where parties were given opportunity to address question of costs but did not do so – where appellant has filed interlocutory application effectively to reopen the appeal in reliance upon the slip rule – slip rule inapplicable – interlocutory application dismissed with costs ...