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The Commercial Bar Association of Victoria logo
The Commercial Bar Association of Victoria (CommBar) was established to provide commercial lawyers and in-house counsel with centralised up-to-date…
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The Commercial Bar Association of Victoria | Australia | 16 Dec 2022

Intermediate appellate court holds proportionate liability inapplicable in arbitration

In Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2022] SASCA 107, the respondent (the “Builder”), which had contracted to build a…
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The Commercial Bar Association of Victoria | Australia | 14 Dec 2022

VCAT jurisdiction: not a corps(e)

The Victorian Court of Appeal has resolved two important questions relating to federal jurisdiction in Thurin v Krongold [2022] VSCA 226 (McLeish…
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The Commercial Bar Association of Victoria | Australia | 15 Nov 2022

The determination of an insured’s entitlement to indemnity as a preliminary point

The Insured erected scaffolding at a worksite. An apprentice plumber was injured when guttering that he was carrying on the scaffold hit overhead…
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The Commercial Bar Association of Victoria | Australia | 15 Nov 2022

No “minimum requirement” of procedural fairness applicable to all court proceedings

Is there a “minimum requirement” of procedural fairness applicable to all proceedings in a Chapter III court? No, according to a narrow majority of…
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The Commercial Bar Association of Victoria | Australia | 11 Nov 2022

The County Court of Victoria has introduced a new “Arbitration List”. What does it mean for litigants?

The County Court of Victoria has recently issued its Commercial Division Omnibus Practice Note (PN). The PN has, among other things, created a new…
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The Commercial Bar Association of Victoria | Australia | 17 Oct 2022

Google LLC v Defteros

Defamation - publication - search engine operators - link provided to third party website containing defamatory material - Google not a “publisher”…
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The Commercial Bar Association of Victoria | Australia | 11 Oct 2022

Pharmacia LLC v Juno Pharmaceuticals Pty Ltd

In this case, the Full Court upheld Burley J’s conclusions that three of six batches of Juno Pharmaceutical Pty Ltd’s parecoxib products did not…
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The Commercial Bar Association of Victoria | Australia | 10 Oct 2022

‘Agreed’ penalty manifestly inadequate

Volkswagen Aktiengesellschaft v Australian Competition and Consumer Commission [2021] FCAFC 49 Summary In 2019, the ACCC commenced a civil penalty…
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The Commercial Bar Association of Victoria | Australia | 6 Oct 2022

RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd

This decision by Justice Rofe relating to marks associated with dishwashing capsules is another example of how difficult it can be to protect a shape…
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The Commercial Bar Association of Victoria | Australia | 4 Oct 2022

Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents

On the appeal from the decision of the Full Federal Court that Aristocrat’s claim to an electronic gaming machine was not a manner of manufacture as…
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