A question periodically arises in the context of both international and domestic commercial arbitration, as to whether a court should stay or alternatively refuse to stay proceedings in the court in order to avoid or minimise a multiplicity of proceedings – arbitral and curial – focusing on...

Brand appropriation litigation in Australia centres on one or more claims of trade mark infringement, breach of s18 of the Australian Consumer Law (formerly s52 of the Trade Practices Act), and commission of the tort of passing off. At the core of these actions is an allegation that the consumer...

This article analyses the information provider's defence (also known as the media safe harbour defence) enacted by s65A of the Australian Trade Practices Act. The defence is usually raised in relation to s52 actions, although it is available in cognate actions. The scope of the defence has been...

This paper reviews the litigation between Cadbury and Darrell Lea concerning the use of the colour purple in marketing chocolate products in Australia. At the time of the conduct in question, Cadbury had not registered uses of the colour purple as trade marks, and indeed Cadbury has yet to...

This paper reviews the role of the common law doctrine, or principles of forum non conveniens in the context of international commercial arbitration. By way of preliminary, the role of the doctrine is commented upon along with the tests for applying it. One question will recur in this review -...

This paper examines the application of s 52 of the Trade Practices Act 1974 (Cth) to alleged misrepresentations made by a respondent to the public or to a smaller class of persons (collectively, misrepresentations to a class). Inquiry is directed to the principles for testing when a...

Australia's governments have and continue to implement measures to lower green house gas emissions. The two principal federal policies are a Renewable Energy Target which aims to source 20% of electricity from renewable energy sources by 2020, and the Carbon Pollution Reduction Scheme, which...

This paper reviews the role of the common law doctrine, or principles of forum non conveniens in the context of international commercial arbitration. By way of preliminary, the role of the doctrine is commented upon along with the tests for applying it. One question will recur in this review -...