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Total entries in this category: Published On: May 18, 2008 10:33 PM |
Federal Magistrates CourtOn 7 December, the government introduced
into Parliament a bill to extend the jurisdiction of the Federal Magistrates
Court (FMC) significantly.
Currently, the FMC does not have specific
jurisdiction in relation to trade mark infringement or patent infringement
matters except
via its accrued or associated
jurisdiction: i.e., where the dispute also involves the particular types of
trade practices complaints or copyright infringement which the FMC already has
specific jurisdiction over. The Federal Court may refer a matter to the FMC
only if the subject matter is one which the FMC would have jurisdiction
over.
If enacted, however, the bill will allow the Federal Court to refer any matters over which it has jurisdiction to the FMC. This would mean that the Federal Court could transfer a "straight" trade mark infringement or patent infringement matter to the FMC. (When a matter should be transferred is proving a little bit controversial, see David Sarkoff at Inchoate here.) The FMC's trade practices jurisdiction will also be extended to include pyramid selling, claims against manufacturers and importers for defective goods, unconscionable conduct and contraventions of prescribed industry codes. The FMC will also have the limit on the damages it can award raised from $200,000 to $750,000. The Jurisdiction of the Federal Magistrates Court Legislation Amendment Bill 2005 is here; the explanatory memorandum here and the second reading speech, here. If enacted, the amendments will come into force 28 days after Royal Assent. The Federal Court will then be able to remit matters already pending before it. The increase in damages will apply in actions either commenced in the FMC after the amendments come into force or transferred to it, after that date, from the Federal Court. Posted: Monday - 19 December, 2005 at 09:24 AM | |