Selth in a Representative Capacity for the Members of the Australian Bar Association v Australasian Barrister Chambers Pty Limited [2015] FCA 1008

Selth in a Representative Capacity for the Members of the Australian Bar Association v Australasian Barrister Chambers Pty Limited [2015] FCA 1008

No reasonable apprehension of bias was established because the judge was not a member of ABA Ltd and was not likely to become one in the foreseeable future, and the prior disclosure and exchange did not support apprehended bias for interlocutory matters. ABA Ltd was a proper party because the two registered trade marks had been assigned to it and the assignment recorded, so refusing joinder would require a separate proceeding that would be pointless and wasteful; the asserted delay and challenge to authority to assign did not justify refusing joinder.

Jurisdiction
Australia
Judgment Date
11 September 2015
Procedural Posture
Interlocutory Application in a Federal Court Proceeding Alleging Misleading and Deceptive Conduct and Trade Mark Infringement or Threatened Infringement / Application for Joinder of ABA Australian Bar Association Ltd as an Applicant; Request That the Judge Disqualify Himself
Outcome
Application for joinder granted; request for disqualification rejected; costs of amendments ordered against the applicants and costs of the interlocutory application reserved.
Legal Topics
['joinder' 'reasonable Apprehension of Bias' 'judicial Disqualification' 'registered Trade Mark Ownership' 'injunctive Relief']
['practice and Procedure' 'trade Marks'] ['joinder' 'reasonable Apprehension of Bias' 'judicial Disqualification' 'registered Trade Mark Ownership' 'injunctive Relief']

Case Brief

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Procedural Posture

Interlocutory Application in a Federal Court Proceeding Alleging Misleading and Deceptive Conduct and Trade Mark Infringement or Threatened Infringement / Application for Joinder of ABA Australian Bar Association Ltd as an Applicant; Request That the Judge Disqualify Himself

Legal Issues

  1. 1 ['Whether there was a reasonable apprehension of bias requiring the judge to disqualify himself from hearing the interlocutory application.' 'Whether ABA Australian Bar Association Ltd should be joined as an applicant after assignment and registration of the relevant trade marks in its name.' 'Whether alleged lack of authority to assign the trade marks or alleged delay justified refusing joinder.']

Ratio Decidendi

No reasonable apprehension of bias was established because the judge was not a member of ABA Ltd and was not likely to become one in the foreseeable future, and the prior disclosure and exchange did not support apprehended bias for interlocutory matters. ABA Ltd was a proper party because the two registered trade marks had been assigned to it and the assignment recorded, so refusing joinder would require a separate proceeding that would be pointless and wasteful; the asserted delay and challenge to authority to assign did not justify refusing joinder.

Court Disposition

Application for joinder granted; request for disqualification rejected; costs of amendments ordered against the applicants and costs of the interlocutory application reserved.

Orders

  • ['ABA Australian Bar Association Ltd (ACN 605 949 148) be joined as the second applicant in this proceeding.' 'The applicants have leave to file and serve a Further Amended Originating Application and an Amended Statement of Claim in the form exhibited to the affidavit of Andrew John Christopher sworn 9 September...