The 2026 ICC Rules – farewell to the Terms of Reference and hello to greater expedition
3 July 2026
ICC arbitration is still the most widely used institutional arbitration procedure for international disputes.
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Dispute resolution & 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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Having it both ways? Reflections on conflicts and recoverability of after the Event insurance premiums in Janssen v Onepath
24 March 2026
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
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
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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From trespass to trust: the Full Court expands equitable remedies for wrongfully obtained copyright works
3 September 2025
The Full Court has broken new ground in The Game Meats Company of Australia Pty Ltd v Farm Transparency International Ltd [2025] FCAFC 104, imposing a constructive trust over copyright in footage obtained by trespass.
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Watt’s the power in this market? Federal Court pulls the plug on Stillwater’s claims, but finds enough spark to avoid indemnity costs
1 May 2025
We outline the key takeaways from the Federal Court's December 2024 and April 2025 decisions in the section 46 class action.
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