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Results: 1-10 of 357

Restitutionary proceedings for amounts paid under a BCIPA claim can be commenced while the building contract remains on foot
  • Minter Ellison
  • Australia
  • August 21 2015

Restitutionary proceedings for amounts paid under a BCIPA claim can be commenced while the building contract remains on foot. Facts Gambaro Pty Ltd


A party allegedly in breach of its statutory duty cannot take advantage of proportionate liability legislation
  • Minter Ellison
  • Australia
  • August 19 2015

As section 74B of the Trade Practices Act 1974 (Cth) does not impose a duty but creates a statutory right, the party alleged to be in breach cannot


Federal court raises more hurdles for Dallas Buyers Club's pursuit of alleged infringers
  • Minter Ellison
  • Australia
  • August 18 2015

The ongoing dispute between Dallas Buyers Club LLC (DBC), rights holder of the film of the same name, and the internet service providers (ISPs) who


When mi casa is not su casa - Queensland Supreme Court orders creative remedies for copyright infringement of architectural drawings
  • Minter Ellison
  • Australia
  • August 14 2015

Whilst imitation is said to be the sincerest form of flattery, the Queensland Supreme Court has reminded a Cairns builder that it may also be


Google, Oracle, copyright and APIs
  • Minter Ellison
  • Australia, USA
  • August 11 2015

Following a Federal Circuit Court decision in 2014, the United States Supreme Court has refused to hear Google's appeal against Oracle regarding


No referral to arbitration unless an action is subject to an arbitration agreement
  • Minter Ellison
  • Australia
  • August 4 2015

The court will not refer a dispute to arbitration unless the action is subject to an arbitration agreement. Care must be taken when drafting dispute


Australian competitive edge ANZ and Flight Centre appeals
  • Minter Ellison
  • Australia
  • August 3 2015

The Full Federal Court has clarified the application of Australia's cartel laws to suppliers and their distributors in circumstances where suppliers


Watch out for a wide omnibus (claim)
  • Minter Ellison
  • Australia
  • July 30 2015

Old-style 'omnibus claims' are often overlooked in patent infringement disputes. The usual assumption is that these claims are very narrow in scope


It contracting issues: formation of contracts and 'subject to execution'
  • Minter Ellison
  • Australia
  • July 22 2015

It is not uncommon for parties to contract negotiations to agree to many of the terms while using the phrase 'subject to the execution of the


CFMEU seeks special leave from the High Court to overturn significant adverse action ruling on shift changes
  • Minter Ellison
  • Australia
  • July 21 2015

The CFMEU has filed an application for special leave to the High Court, seeking to overturn a Full Court Federal Court ruling that Endeavour Coal had