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Corporations Law
Francis (Trustee), in the matter of Fotios (Bankrupt) v Helios Corporation Pty Ltd (No 3) [2023] FCA 251
CORPORATIONS - application by Court appointed receivers of trust assets for advice and approval of entry into instruments to effect proposed settlement - application for approval of remuneration and orders for release from liability - application by trustees in bankruptcy for approval of remuneration on basis of work done to preserve trust assets - application for conditional orders dismissing proceedings - where issue as to whether priority of claims against trust assets by successive trustees should be determined in order of time or equally - orders made substantially in terms sought
22 Mar 2023 |  COLVIN J

Bankruptcy ; Contract
Kim v Ghedia, in the matter of Hammoud Investments Pty Ltd (in liq) [2023] FCA 253
BANKRUPTCY - external administration - proof and ranking of claims - admission of proof of debt by liquidators - appeal against admission of proof of debt under the Corporations Act 2001 (Cth), sch 2, s 90-15 - where purported debt arises from oral agreement - whether reliance should be placed on later formal loan agreement - whether reliance should be placed on balance sheet
08 Mar 2023 |  JACKMAN J

Trade Marks
Energy Beverages LLC v Cantarella Bros Pty Ltd [2023] FCAFC 44
TRADE MARKS - application for leave to appeal from judgment of a single judge of the Court pursuant to s 195(2) of the Trade Marks Act 1995 (Cth) (the Act) - where primary judge dismissed an appeal from the decision of a delegate of the Registrar of Trade Marks in opposition proceedings - where delegate granted respondent's application under s 92(4)(b) of the Act to remove the applicant's registered trade mark MOTHERLAND from the Register for non-use - whether primary judge erred in finding applicant had not used MOTHERLAND as a trade mark - whether primary judge erred in finding applicant had not used MOTHERLAND as a trade mark during the relevant non-use period - no error established - application for leave to appeal dismissed TRADE MARKS - application for leave to appeal from judgment of a single judge of the Court pursuant to s 195(2) of the Act - where primary judge dismissed an appeal from the decision of a delegate of the Registrar of Trade Marks in opposition proceedings - where delegate found that applicant had not established grounds of opposition under ss 44, 60 and 42(b) of the Act to the respondent's application to register MOTHERSKY - whether primary judge erred in failing to find that "coffee" and "non-alcoholic beverages" are similar goods within the meaning of s 44(1) of the Act - whether primary judge erred in finding that MOTHERSKY is not deceptively similar to MOTHER within the meaning of s 44(1) - whether primary judge erred in failing to find that use of MOTHERSKY in respect of "coffee" would be likely to deceive or cause confusion due to the reputation of MOTHER - error established - application for leave to appeal granted - appeal allowed
22 Mar 2023 |  YATES, STEWART AND ROFE JJ