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Wise Counsel: Litigation & Arbitration in the Asia-Pacific Region

Blind leading the blind: helper spring survives challenges to patent validity

The Commercial Bar Association of Victoria
Australia
May 31 2018

For as long as most of us can remember, and probably long before that, roller blinds have been a familiar, and seemingly uncomplicated, part of most

Can you dig it? Patentees keep the best method to themselves

The Commercial Bar Association of Victoria
Australia
May 31 2018

The appellants (collectively, Sandvik) are the patentee and exclusive licensee of an Australian patent for an invention relating to a device that

Contractual time bars and claims for damages for misleading or deceptive conduct under s 236 of the ACL

The Commercial Bar Association of Victoria
Australia
May 31 2018

A contractual provision which had the effect of excluding liability for damages for misleading or deceptive conduct under s 236 of the Australian

Review of ‘competence’ decisions under s 16(9) of the CAA by Courts - hearing de novo

The Commercial Bar Association of Victoria
Australia
May 31 2018

Arbitral tribunals have the ‘competence’ to make rulings on their own jurisdiction under s 16 of the CAA (and Model Law). However, within 30 days

Court review of an arbitrator’s preliminary jurisdictional ruling: de novo or appellate review?

The Commercial Bar Association of Victoria
Australia, Global
May 31 2018

The Supreme Court of Victoria’s Arbitration List judge has confirmed that the appropriate standard of review by a court of an arbitral tribunal’s

Victorian Court of Appeal dismisses ASIC’s appeal in AWB case

The Commercial Bar Association of Victoria
Australia
May 31 2018

The Court of Appeal dismissed an appeal by ASIC in proceedings brought against Peter Geary, a former officer of the Australian Wheat Board. The

Building on another’s work: copyright infringement of architectural designs

The Commercial Bar Association of Victoria
Australia
May 31 2018

Milankov Designs provides design, drafting and project management services for the construction of expensive houses. Milankov Designs was engaged by

Revised payment claims under the Security of Payment Act may be invalid

The Commercial Bar Association of Victoria
Australia
May 31 2018

A “revised” payment claim, for a different sum, served one day after another payment claim had been served was invalid because it was held to be a

Mediation in Sports Disputes

The Commercial Bar Association of Victoria
USA
May 31 2018

Mediation in sports disputes is growing in popularity. This article reviews the benefits offered by mediation and considers how sports disputes are

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