Marks, L. & Anor v Community Newspapers (1985) Pty Ltd [1987] FCA 420

Marks, L. & Anor v Community Newspapers (1985) Pty Ltd [1987] FCA 420

There is a serious question to be tried as to whether the use of the applicant's name after her employment constituted misleading or deceptive conduct under s.52 of the Trade Practices Act. The balance of convenience favours granting interlocutory injunctive relief.

Parties
First Applicant: Lauren Marks; Second Applicant: Weekly Advertiser Newspapers Pty Ltd; Respondent: Community Newspapers (1985) Pty Ltd
Jurisdiction
Australia
Judgment Date
20 July 1987
Procedural Posture
Application for Interlocutory Injunction / Ex Parte Interlocutory Hearing
Outcome
Interlocutory injunction granted ex parte
Legal Topics
Misleading or Deceptive Conduct, Ex Parte Interlocutory Injunctions
Trade Practices Misleading or Deceptive Conduct Ex Parte Interlocutory Injunctions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Lauren Marks

First Applicant

Weekly Advertiser Newspapers Pty Ltd

Second Applicant

Community Newspapers (1985) Pty Ltd

Respondent

Procedural Posture

Application for Interlocutory Injunction / Ex Parte Interlocutory Hearing

Legal Issues

  1. 1 Whether the respondent engaged in misleading or deceptive conduct by publishing a page under the name of Lauren Marks after her employment ended

Ratio Decidendi

There is a serious question to be tried as to whether the use of the applicant's name after her employment constituted misleading or deceptive conduct under s.52 of the Trade Practices Act. The balance of convenience favours granting interlocutory injunctive relief.

Court Disposition

Interlocutory injunction granted ex parte

Orders

  • The respondent is restrained until 9.30 am on Monday, 27 July 1987, from publishing or distributing any newspaper, article or comment under the byline 'Lauren Marks'.
  • Not later than 7 pm on 20 July 1987, the second applicant is to serve the respondent with copies of this order and supporting material.