Today

Patents
MSA 4X4 Accessories Pty Ltd v Clearview Towing Mirrors Pty Ltd (Discovery) [2025] FCA 375
PATENTS – discovery – significant claim for damages following liability judgment – discovery application successful with modifications made to categories of discovery sought
16 Apr 2025 |  DOWNES J

Practice and Procedure
AMO25 v Administrative Review Tribunal (No 2) [2025] FCA 376
PRACTICE AND PROCEDURE – Costs – Self-represented litigants – Where appeal allowed – Where Applicant sought indemnity costs only against Third Respondent – Whether Applicant entitled to recover costs on an indemnity basis – Whether there are any special or unusual circumstances to justify a departure from the usual position on costs – Whether Applicant can claim disbursements PRACTICE AND PROCEDURE – Judgments and orders – Correction under the slip rule – Where original order was the result of an accidental slip or omission – Where original order does not reflect the intention of the Court
16 Apr 2025 |  WHEATLEY J

Practice and Procedure
Brindle v Centrelink [2025] FCA 374
PRACTICE AND PROCEDURE – Whether the Applicant’s originating application discloses a reasonable cause of action – Where the Applicant failed to provide details of service of the Respondent – Where the Applicant failed to comply with directions of the Court – Where the Applicant failed to appear on three occasions – Application dismissed.
28 Mar 2025 |  WHEATLEY J

Trade Marks
Paco Nominees Pty Ltd v Ella Secret Australia Pty Ltd (Default Judgment) [2025] FCA 366
TRADE MARKS – default judgment – respondents’ failure to comply with orders and appear – claim of trade mark infringement – default judgment granted PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23 of the Federal Court Rules 2011 (Cth) – whether appropriate to grant injunction – whether satisfied that an order for damages be made – whether appropriate to grant costs – application granted
16 Apr 2025 |  RAPER J

Practice and Procedure
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Kent Projects Pty Ltd [2025] FCA 362
PRACTICE AND PROCEDURE – application to strike out allegations of fraud in the applicant’s statement of claim – where applicant alleges non-disclosure of information by respondent amounted to fraud on the Fair Work Commission – where respondent claims the facts pleaded do not establish any cause of action – whether necessary to allege information was dishonestly concealed – applicant has demonstrated reasonable case
16 Apr 2025 |  RANGIAH J

Costs
University of New England v Boerner (Costs Review) [2025] FCA 368
COSTS – review of Registrar’s decision to order costs against prospective respondents – where prospective applicant was substantially successful in application for preliminary discovery – whether approach taken by either respondent was adversarial
16 Apr 2025 |  HESPE J