ACCC sets the standard for 2026 product safety priorities
22 June 2026
We break down the ACCC's recently announced 2026-27 Product Safety Priorities and take a look at what the ACCC achieved under last year's priorities
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Litigation
Bad intentions: Can you copy elements of a competitor’s design?
27 April 2026
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
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
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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A costly lesson: Federal Court imposes $6 million in penalties in ACCC v Qteq
17 April 2026
We analyse the penalty and extra-curial detriment commentary imposing penalties on Qteq and individual (with no indemnification) for attempted cartel conduct
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Symmetry vs. Substance: Unfairness in Arbitration Clauses
27 January 2026
Symmetry vs. Substance: UCT 'unfairness' in arbitration clauses
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When an ‘arbitration clause’ fails to be an arbitration agreement
13 January 2026
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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Complaint hotline rings out: Federal Court holds that the ACCC does not have a duty to respond to consumer complaints
12 January 2026
The Court has confirmed that the ACCC is not under a statutory duty to decide whether to address consumer complaints - inaction is not subject to ADJR
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Australia reformulates its position on patent term extensions
15 December 2025
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
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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