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Nicholas Weston obtains permanent injunction in VCAT over use of a business name

Picture this: two small skin and beauty businesses start in a small town, both with trading names that use the word LUSH. Neither has the financial clout to fund a trade marks or passing off case in the Federal Court. Solution: obtain a permanent injunction in the Victorian Civil and Administrative Tribunal (VCAT) under s.
  • 7 Apr, 2017
  • Posted by Nicholas Weston
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A trolley load of costs

The practice of raising and pursuing numerous points, large and small, many of which are ultimately unsuccessful, is sometimes known as ‘trolley-load-litigation’, so named after the attendant avalanche of documents wheeled into court. After the substantive trial, the court then turns its gaze to the issue of who will pay costs in the proceeding. Courts
  • 28 Jan, 2016
  • Posted by Nicholas Weston
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High Court finds cancer gene unpatentable

The High Court has unanimously found against Myriad Genetics, holding that an isolated nucleic acid, coding for the BRCA1 protein found in breast cancer, with specified variations, is not a patentable manner of manufacture.
  • 7 Oct, 2015
  • Posted by Nicholas Weston
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The Big Lie of New Law

It has been about a year since Brereton J, In the matter of AAA Financial Intelligence Limited (in liquidation) (No. 2) [2014] NSWSC 1270 (17 September 2014), posed the following question. “I do not doubt that substantially all the work in respect of which remuneration is claimed was performed, and took the time claimed. Nor
  • 25 Sep, 2015
  • Posted by Nicholas Weston
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VCAT confirms recruiters can compile women only shortlists for senior roles

In a recent Victorian Civil and Administrative Tribunal (VCAT)* case, an application for an exemption under section 89 of the Equal Opportunity Act 2010 (Vic) (EO Act) to allow the applicant to target and select women only in short lists prepared by the applicant for presentation to employers who seek to employ a person in
  • 21 May, 2015
  • Posted by Nicholas Weston
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Uh Oh, it’s A.I.

It looks like Steven Hawking finally got around to reading Karel Čapek’s 1922 work Rossum’s Universal Robots, a dystopian play about sentient replicants happy to work for humans at first before they rebel, causing the extinction of peeps (well up there with Huxley and Orwell). More recently, Steve Wozniak, Bill Gates, Elon Musk and Stephen
  • 25 Mar, 2015
  • Posted by Nicholas Weston
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Nicholas Weston Client Update – CA grants are back – as AC grants

The replacement for the Commercialisation Australia, called "Accelerating Commercialisation" (AC), has just launched, offering grants of up to 50 per cent of eligible project expenditure to assist in the commercialisation of novel products, processes and services for a maximum project period of two years.
  • 9 Dec, 2014
  • Posted by Nicholas Weston
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How to choose an Australian lawyer – 10 things to look for in a law firm

Results: The firm should have a strong track record of producing acceptable results for its clients. That might sound like a low bar to set, but when the facts of a matter are against you, it is not always easy to achieve. Obviously, a win is acceptable. Look for a Case Study or Practice Area
  • 7 Nov, 2014
  • Posted by Nicholas Weston
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