Karlsson v Griffith University

(2020) 103 NSWLR 131; [2020] NSWCA 176

NSW Court of Appeal

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Interrogate

Catchwords

1. Courts
2. › Jurisdiction
3. › Cross-vesting
4. › Appeal from decision of single judge of Supreme Court
5. › Whether matter arose under Act specified in Schedule to Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth)
6. › Whether appeal prohibited from being instituted and determined other than in federal court
7. › Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 7(5)
1. Courts
2. › Jurisdiction
3. › Cross-vesting
4. › Schedule to Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth)
5. › Reference to repealed Trade Marks Act 1955 (Cth)
6. › Whether reference to be read as reference to Trade Marks Act 1995 (Cth)
7. › Acts Interpretation Act 1901 (Cth), s 10
1. Courts
2. › Jurisdiction
3. › Federal jurisdiction
4. › Matter arising under federal law
5. › Trade mark infringement claim
6. › Whether claim colourable or fabricated to attract federal jurisdiction
7. › Trade Marks Act 1995 (Cth)

Quick Take

Practitioners seeking to appeal trade mark infringement decisions from State Supreme Courts must institute appeals in the Full Court of the Federal Court, not the State Court of Appeal, notwithstanding that the Schedule to the Cross-vesting Act refers only to the repealed Trade Marks Act 1955.