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High Court Confirms Wild Geese Case

The High Court has confirmed a major shakeup of Australia’s intellectual property legal landscape by rejecting a request to appeal against a landmark win by Brisbane IP lawyer Ken Philp, in a case which defines how trade mark holders could lose their marks if not properly used.

The High Court this week effectively endorsed a unanimous decision by five Federal Court judges earlier this year when Mr Philp won an appeal case over the issue of a trade mark owner failing to show proper control and use of their mark.

High Court confirms Brisbane IP Lawyer's win in landmark Wild Geese whiskey war

The High Court has confirmed a major shakeup of Australia’s intellectual property legal landscape by rejecting a request to appeal against a landmark win by Brisbane IP lawyer Ken Philp, in a case which defines how trade mark holders could lose their marks if not properly used.

The High Court this week effectively endorsed a unanimous decision by five Federal Court judges earlier this year when Mr Philp won an appeal case over the issue of a trade mark owner failing to show proper control and use of their mark.

State urged to break silence and identify buildings with flammable cladding

The State Government is being urged to break its silence and identify Gold Coast buildings it knows contain highly flammable material linked to high-rise fires in ­Melbourne and Dubai.

Brisbane compensation law expert Mark O’Connor said the state’s reported refusal to identify the buildings containing cheap Chinese-made aluminium cladding linked to high rise fires defied understanding.

State Government should reassure public over explosive claims of denying compo liability

The State Government should urgently reassure the public after explosive claims that its major insurer and legal arm has unlawfully denied every personal injury claim against the Government.

Brisbane compensation law expert Mark O’Connor said the sensational claims, reported recently by media, had created a climate of uncertainty in the community and seemed to confirm what many lawyers have suspected.

Key Road Safety Change for Cyclists Now

Motorists and cyclists are being warned that after a two year trial the State Government is keeping the controversial road rule dictating safe distances between cars and bicycles.

Brisbane compensation law expert Kevin Barratt said the rule required a minimum distance between cars and cyclists. Drivers and cyclists should be aware that motorists must stay wider of the rider by giving a minimum of 1m when passing a bicycle rider in a 60 km/h or less speed zone; or 1.5m where the speed limit is over 60km/h.

Is Your Original Will Safe?

In the recent decision of In the Estate of Robert Edmonds [2016] SASC 41 the Supreme Court of South Australia determined that the deceased died ‘intestate’ (meaning, without a Will) in circumstances where he had a Will, but the original could not be found.

Robert Edmonds died in March 2016. A copy of a Will dated 1997 was located at his home by police officers, amongst a great volume of other personal paperwork.

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