News & Blog
Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
The recent decision of Campbell AJA in Penson v Titan National Pty Limited (No. 3) [2015] NSWCA 121 (Penson) handed down on 26 June 2015 is a timely reminder of the entitlement of a party to seek a gross sum costs order as an alternative to ...
The Copyright Act has been amended to target the increase in online copyright infringement in Australia. The amendments allow the Federal Court to grant injunctions requiring carriage service providers to take steps to block access to websites or oth...
McCabes acted for the defendants in Caves Beachside Cuisine Pty Ltd v Boydah Pty Ltd & 3 Others, an interesting matter which was recently heard before his Honour Justice Kunc in the Supreme Court of New South Wales (Commercial List). The...
The rapid pace of technological advancements versus the significantly slower rate of copyright law reform, coupled with the savviness of today's Internet user, have resulted in copyright infringements such as illegal movie downloads going largely unc...
In what appears to be a win for copyright holders, the Federal Court of Australia (Court) in Dallas Buyers Club LLC v iiNet Limited [2015] FCA 317 ordered iiNet and five other ISPs (ISPs) to hand over the na...
A Californian jury has recently ordered pop stars Pharrell Williams and Robin Thicke to pay nearly $US7.4 million to Marvin Gaye's children after ruling the pair had copied parts of Gaye's song 'Got to Give It Up' in writing the 2013 hit '
Australian Competition and Consumer Commission v Pfizer Australia Pty Ltd [2015] FCA 113 In what has turned out to be another unsuccessful attempt by the ACCC to prosecute a misuse of market power case, the Federal Court of Australia, in Austral...
Are parties who agree to arbitration clauses ultimately relinquishing their right to resolve disputes pursuant to the jurisdiction of the court? Contracting parties are increasingly including 'arbitration clauses' in contracts. These clauses allow p...
The purpose of a trade mark is to distinguish a trader's goods and services from those of another. Generally, a mark is not capable of trade mark registration if it is descriptive of the goods and services in relation to which it is used or it is a m...