Explores the Competition and Consumer Amendment (Responding to Exceptional Circumstances) Act 2026, implementing a streamlined pathway for the ACCC to authorise conduct during exceptional circumstances.
The Federal Court has ordered Emma Sleep to pay $15 million in penalties for false or misleading representations under the Australian Consumer Law (ACL).
The recent decision of the Federal Court of Australia in Bodum AG v H.A.G Import Corpn (Australia) Pty Ltd [2026] FCA 238 illustrates that even deliberate copying of a competitor’s design elements does not necessarily breach the Australian Consumer Law or amount to passing off.
This is a short note to report on a successful interlocutory application seeking a declaration that a patent amendment amounted to an abuse of process.
In The NOCO Company v Brown and Watson International Pty Ltd [2026] FCAFC 44, the Full Court of the Federal Court has affirmed previous decisions that the relevant date for assessing a patentee’s disclosure of the best method under s 40(2)(aa) of the Patents Act 1990 is the date of filing the patent in suit, not any earlier priority or parent document.
To get off the ground, a class action requires a representative applicant. Unless indemnified, the representative applicant is exposed to any adverse costs order in the proceeding – potentially millions of dollars.
On 16 February 2026, the Federal Court of Australia granted an urgent interlocutory injunction restraining Pharmacor from launching and listing generic dapagliflozin products on the PBS.