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What amounts to use of a trade mark outside of Australia?
The case of Lamont v Malishus & Ors (No 4) [2019] FCCA 3206 (Lamont v Malishus) involved an action for infringement of a registered trade mark in Australia under the Trade Marks Act 1995 (Cth) (TMA). This case raised several issues, including, whether using a word as part of a domain name constituted “use” as…
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WIJOAV v Goldstone – shareholder oppression in a private equity context
The recent case of WIJOAV Services Pty Ltd v Goldstone Private Equity Pty Ltd [2025] FCA 622 (WIJOAV v Goldstone) involved a claim of shareholder oppression under section 232 of the Corporations Act 2001 (Cth) (Corporations Act). The case established that a shareholder in a private equity fund may be oppressed by a co-investor where…
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Mere puffery vs misleading and deceptive conduct – where is the line?
In the case of Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54 (ACCC v TPG), the High Court of Australia (High Court) drew a distinction between mere puffery and representations with the intention of marketing. This article explores the decision in ACCC v TPG and the distinction between puffery and…
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Federal Court dismisses continuous disclosure claim
The Federal Court recently dismissed Australia Securities and Investment Commission’s (ASIC) claim in Australian Securities and Investment Commission v Nuix Limited [2026] FCA 490 (ASIC v Nuix) that Nuix Limited breached its obligations under section 674 of the Corporations Act 2001 (Cth) (Corporations Act). Nuix Limited (Nuix) successfully contested ASIC’s allegation that it had breached…
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Clash of jurisdictions and trade mark infringement
The case of International Hair Cosmetics Group Pty Ltd v International Hair Cosmetics Limited [2011] FCA 339 (Case) considered whether use of Australian registered trade marks on a British website constituted “use in Australia” under section 120 of the Trade Marks Act 1995 (Cth) (TMA). It was ultimately held that, despite use of the two…
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Individual Flexibility Arrangements: an overview
Modern awards and enterprise agreements set out the minimum terms and conditions of employment for most Australian workers performing different roles. The Fair Work Act 2009 (Cth) (Act) provides a mechanism by which an employer and an individual employee may, by agreement, adjust the operation of certain terms in their Award to better suit theircircumstances. …
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Coercive control and shareholder oppression
The Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 (Qld) came into effect on 18 March 2024, by adding chapter 29A to the Criminal Code Act 1899 (Qld) (Criminal Code). This chapter establishes a separate offence of “coercive control’, which stems from domestic violence offences and involves the use of…
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Budget bills introduced to House of Representatives
On 28 May 2026, the Commonwealth Government introduced the following two (2) tax reform bills into the House of Representatives: These two (2) Bills have been tabled as part of the Albanese Government’s tax reform package announced in the 2026–27 Federal Budget on 12 May 2026. Minimum CGT Bill The Minimum CGT Bill amends…
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Overview of the Unfair Trading Practices Bill 2026
On 1 April 2026, the Australian Government introduced the Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026 (Cth) (Bill) to amend the Competition and Consumer Act 2010 (Cth) (CCA) and Australian Consumer Law (ACL).[1] If passed, the reform will take effect on 1 July 2027. The Bill’s amendments aim to protect consumers from manipulative…
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