Dispute resolution & litigation - Mallesons Pulse Blog

Singapore court finds that emergency arbitrators in China lack the power to grant interim measures

13 November 2026

A decision by the Singapore High Court to refuse an interim award illustrates what can happen when institutional arbitration rules outpace the law of the seat.

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Investment treaty arbitration: The leverage you may not know you have

11 November 2026

By Amanda Lees, Chris Holland

Cross-border investment today is fraught with geopolitical risk.

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The 2026 ICC Rules – farewell to the Terms of Reference and hello to greater expedition

3 July 2026

By Amanda Lees, Victoria Jones

ICC arbitration is still the most widely used institutional arbitration procedure for international disputes.

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Bad intentions: Can you copy elements of a competitor’s design?

27 April 2026

By Kate Hay, Cate Nagy, Jacob Flynn, Bianca Terlato

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.

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Digging too deep: When patent amendments become an abuse of process

24 April 2026

By Kate Hay, Suzy Madar, Sarah Huang

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.

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Supercharging section 40: Full Court confirms date for assessing best method for divisional patents

17 April 2026

By Matthew Swinn, Danielle Sharplin, Sarah Huang

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.

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Having it both ways? Reflections on conflicts and recoverability of after the Event insurance premiums in Janssen v Onepath

24 March 2026

By Moira Saville, Alexander Morris, Chris Andrews

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.

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When an ‘arbitration clause’ fails to be an arbitration agreement

13 January 2026

By Amanda Lees, Yan Zhang

Amanda Lees and Yan Zhang examine a recent Australian case that highlights the importance of clear drafting in dispute resolution clauses.

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Australia reformulates its position on patent term extensions

15 December 2025

By Matthew Swinn, Kate Hay, Suzy Madar, Jacob Flynn

The Full Federal Court of Australia has determined that pharmaceutical formulations are not eligible for patent term extension in Australia.

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The Good Guys make good redress

13 November 2025

By Kathy Zhang, Zareen Qayyum, Tamara Hunter

We explore consumer remediation as an enforcement outcome sought by the ACCC in ACCC v The Good Guys Discount Warehouses (Australia) Pty Ltd [2025] FCA 1085.

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