Australia - Mallesons Pulse Blog

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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Australian Government Pumps Up Competition and Consumer Law Penalties in Response to Fuel Price Gouging Concerns

19 March 2026

By Brian Wu, Tamara Hunter

The Australian Government plans to double competition and consumer law penalties in response to recent fuel price gouging concerns.

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Federal Court grants urgent interlocutory injunction in dapagliflozin dispute

24 February 2026

By Kate Hay, Suzy Madar, Jacob Flynn, Lily McCubbin

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.

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Sexual Harassment Claims in Victoria

19 February 2026

By Caroline Hayward, Alexandra Kemp

Caroline Hayward and Alexandra Kemp dissect the new restrictions in Victoria – a first for any Australian jurisdiction – in relation to non-disclosure agreements (NDAs) in workplace sexual harassment cases.

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Setting the table straight: High Court draws the line between trade mark infringement and misleading or deceptive conduct

17 February 2026

By Cate Nagy, Maggie Chan, Brooke Smith, Damien MacRae

The High Court has clarified that even in the face of a finding that trade mark infringement does not arise due to lack of deceptive similarity, the conduct of a party in using that trade mark may still amount to misleading or deceptive conduct under the Australian Consumer Law.

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Special leave in Aristocrat refused: Australia’s approach to patentability of CIIs settled

11 February 2026

By Suzy Madar, Kate Hay, Jacob Flynn, Rowan Tan

Following the High Court’s refusal of special leave to the Commissioner of Patents on 5 February 2026, Australia now has a clear position on computer-implemented inventions (CIIs): the Full Federal Court’s September 2025 articulation of the test in Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents[1] remains the settled law.

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Beyond Data Privacy Day: Preparing For 2026’s New Privacy Rules

28 January 2026

By Cecilia Askvik, Yasmin Milligan

In recognition of Data Privacy Day, Cecilia Askvik considers the changes to transparency requirements under the Privacy Act for the use of automated decision making set to take effect later this year, and how organisations can prepare for the new obligations.

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Symmetry vs. Substance: Unfairness in Arbitration Clauses

27 January 2026

By Caroline Chong, Peeta Hutson, Tamara Hunter

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

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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