College of Law Limited v Australian National University (No 2) [2013] FCA 550

THE COURT ORDERS THAT:

1. The respondent produce for inspection by the applicant the parts of document 45 of the respondent's List of Documents, as referred to at paragraph 32 of the reasons for judgment dated 23 May 2013, comprising copies of extracts from both the agenda for the Council Meetings for 9 December 2005 and the Minutes of the Council's Meeting on 10 June 2005, by Tuesday, 11 June 2013. 2. The applicant's interlocutory application regarding privilege otherwise be dismissed. 3. Pursuant to r 20.16 of the Federal Court Rules, the applicant is to provide discovery of documents in the following categories by Tuesday, 11 June 2013: 3.1 All documents recording, evidencing or referring to the applicant's awareness, in the period between 14 June 2005 and 24 June 2005, of any possibility of confusion between the respondent's legal education services and those of the applicant, including but not limited to: a. Internal minutes of the applicant (including but not limited to board minutes); and b. Internal correspondence of the applicant. 3.2 All documents and other records of the applicant recording or evidencing the applicant's decision to apply for trade mark number 1061893 and/or to prosecute any such application, including but not limited to: a. Internal deliberations to apply for each trade mark including without being limited to the purpose of the trade marks and the timing of the applications for each of the trade marks; b. internal deliberations about the timing or delays in prosecuting either application; c. correspondence between the applicant and a lawyer or trade mark attorney in relation to the application for any trademarks; and d. correspondence between the applicant and the Registrar of Trade Marks and/or Australian Industrial Property Organisation and/or IP Australia in relation to the application for any trademarks. 4. The respondent's interlocutory application regarding discovery otherwise be dismissed. 5. The time for the respondent to provide the balance of its discovery in accordance with Order 2 of the Orders made on 4 February 2013, be extended from 15 March 2013 to Tuesday 11 June 2013. 6. The applicant is to pay 90 percent of the respondent's costs of and incidental to both the applicant's interlocutory application dated 15 April 2013 and the respondent's interlocutory application dated 15 April 2013. 7. The applicant file and serve any affidavit evidence in chief on which it intends to rely on for its originating application by Tuesday 30 July 2013. 8. The respondent file and serve any affidavit evidence in chief on which it intends to rely on for its cross-claim by Tuesday 30 July 2013. 9. Each of the parties file and serve any affidavit evidence in answer by Tuesday, 27 August 2013. 10. Each of the parties file and serve any affidavit evidence in reply by Tuesday, 17 September 2013. 11. The proceeding be listed for further directions at 9.30 am on Tuesday, 24 September 2013. 12. Liberty to apply on the giving of 72 hours notice. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.