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Latest Insights


Permanent injunction obtained in VCAT over use of a business name

Picture this: two small skin and beauty businesses start in a small town, both with trading names that use the word LUSH. Neither has the financial clout to fund a trade marks or passing off case in the Federal Court.

Solution: obtain a permanent injunction in the Victorian Civil and Administrative Tribunal (VCAT) under s. 18 of the Australian Consumer Law (ACL). Decision HERE.

VCAT has no jurisdiction over general common law or equitable claims but does have specific powers in relation to certain equitable relief such as unconscionable conduct in trade or commerce claims brought under the ACL. VCAT was conferred limited original jurisdiction over ACL claims in 2011 so this decision is probably a first, certainly one of the first of its kind. Good article on VCAT’s jurisdiction HERE.




Australia's largest online book retailer wins two trade mark cases has won and been awarded costs in two recent trade marks opposition cases. Melbourne Litigation Managing Partner NIck Weston acted for The in both cases. Decisions HERE and HERE



Stop bullying order made

The Fair Work Commission has made its first orders to stop workplace bullying under the Fair Work Act. The Application for an order to stop bullying was brought under s.789FC. Orders HERE.


Special leave granted to go behind a judgment debt

In Ramsay Health Care Australia Pty Limited v Compton  S216/2016: [2017] HCATrans 55 the High Court granted special leave to “go behind” a judgment debt to test the principle of finality under s 52 Bankruptcy Act 1966 where debtor adduces evidence showing “substantial reason to believe” debt not owed.

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