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No Mandamus Relief in Privilege Ruling

Patently O

2023-145 (Fed. The court found that Dorel had established a prima facie case that Cozy’s founder, Dr. Arjuna Rajasingham, “manipulated the PTO into recognizing priority dates to which he was not entitled” and “relied on the advice of his counsel to perpetrate a fraud on the PTO.” In re: Cozy, Inc. , 21-cv-10134-JGD.

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New rules on service outside Australia for the Federal Court of Australia

Conflict of Laws

The Federal Court Legislation Amendment Rules 2022 (Cth) (‘Amendment Rules’) came into force on 13 January 2023. Leave to serve turned on three conditions: the court had subject matter jurisdiction, the claim was of a kind mentioned in the rules, and the party had a prima facie case for any or all of the relief claimed: FCR r 10.43(4).

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Denial of Natural Justice as a Defence to Enforcement of a Chinese Judgment in Australia

Conflict of Laws

In Yin v Wu [2023] VSCA 130 , the Court of Appeal of the Supreme Court of Victoria set aside a judgment [1] which had affirmed the enforcement a Chinese judgment by an Associate Justice of the Supreme Court. [2] Yin’s evidence raised a prima facie case that he had been denied natural justice in the Chinese proceedings: [91].