Google LLC v Interactive Engineering Pty Ltd [2024] FCA 338

Google LLC v Interactive Engineering Pty Ltd [2024] FCA 338

Leave to dispense with compliance with r 4.01(2) was refused because there was insufficient evidence of financial incapacity, Mr Brander lacked legal qualifications and trade mark law expertise, would likely act as both principal witness and advocate, and his prior participation indicated continued self-representation would inefficiently delay proceedings.

Jurisdiction
Australia
Judgment Date
04 April 2024
Procedural Posture
Appeal / Interlocutory Application—application for Dispensation of Compliance With R 4.01(2) (representation by Lawyer)
Outcome
Application to dispense with compliance with r 4.01(2) dismissed. Costs awarded to Google LLC.
Legal Topics
['trade Marks' 'corporations—self Representation' 'procedural Law']
['intellectual Property'] ['trade Marks' 'corporations—self Representation' 'procedural Law']

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Interlocutory Application—application for Dispensation of Compliance With R 4.01(2) (representation by Lawyer)

Legal Issues

  1. 1 ['Whether Interactive Engineering Pty Ltd should be permitted to be represented by its director (not a lawyer) in the proceeding contrary to r 4.01(2) of Federal Court Rules 2011 (Cth)']

Ratio Decidendi

Leave to dispense with compliance with r 4.01(2) was refused because there was insufficient evidence of financial incapacity, Mr Brander lacked legal qualifications and trade mark law expertise, would likely act as both principal witness and advocate, and his prior participation indicated continued self-representation would inefficiently delay proceedings.

Court Disposition

Application to dispense with compliance with r 4.01(2) dismissed. Costs awarded to Google LLC.

Orders

  • ["The respondent's application pursuant to r 1.34 of the Federal Court Rules 2011 (Cth) to dispense with the requirements of r 4.01(2) is dismissed." "The respondent is to pay the appellant's costs of the application." 'By 4 pm on 2 May 2024 the respondent, by a lawyer, is to file a notice of acting pursuant to r...