Urgent interlocutory and declaratory relief

Many IP agreements contain a clause referring disputes about the subject matter to mediation and/or arbitration instead of reliance on court action. There is often, however, an exception permitting court action in the case of “urgent interlocutory and declaratory relief”. So, when one party to the agreement rushes off to Court to enforce some position instead […]

Spam Act

Logan J has granted an interlocutory injunction under the Spam Act 2003, pending trial for civil penalties. Apart from the fact that cases under the Act are not exactly thick on the ground, the debate in the case really turned on: whether ACMA would be required to provide an undertaking as to damages – in […]