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ARTICLE · 10 SEPTEMBER 2008

Contrary To Law Finding Is Contrary To Law

Nicholas Weston
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In Neumann v Sons of the Desert SL [2008] FCA 1183 (11 August 2008), the applicant invoked the Federal Court's jurisdiction to hear and determine appeals against decisions, directions or orders of the Registrar of Trade Marks pursuant to s 191 of the Trade Marks Act 1995 (Cth ) (Act).

AustraliaIntellectual Property
Nick Weston
Nick Weston

In Neumann v Sons of the Desert SL [2008] FCA 1183 (11 August 2008) , the applicant invoked the Federal Court's jurisdiction to hear and determine appeals against decisions, directions or orders of the Registrar of Trade Marks pursuant to s 191 of the Trade Marks Act 1995 (Cth ) (Act). The Honourable Ryan J pointed out:

"Although referred to as an "appeal", this proceeding is by way of an application for the exercise of the Court's original jurisdiction and is conducted as a rehearing. There is no presumption of the correctness of the Registrar's decision but due weight is to be given to his opinion as that of a person expert in the evaluation of the relevant facts and the application to those facts of the principles which can be derived from the Act."

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