International Awards Group LLC v Asian Advertising Festival (Spikes) Asia Pte Ltd (No 1) [2016] FCA 617

FEDERAL COURT OF AUSTRALIA

International Awards Group LLC v Asian Advertising Festival (Spikes) Asia Pte Ltd (No 1) [2016] FCA 617 File number: NSD 528 of 2016

Judge: PERRAM J

Date of judgment: 31 May 2016

Catchwords: PRACTICE AND PROCEDURE – service outside Australia – service of originating application – service of other documents

Legislation: Trade Marks Act 1995 (Cth) s 191 Federal Court Rules 2011 (Cth) rr 10.43, 10.44 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Opened for signature 15 November 1965. 658 UNTS 163 (entered into force 1 November 2010)

Cases cited: Ward Group Pty Ltd v Brodie & Stone Plc [2005] FCA 471

Date of hearing: 13 May 2016

Registry: New South Wales

Division: General Division

National Practice Area: Intellectual Property

Sub-area: Trade Marks

Category: Catchwords

Number of paragraphs: 21

Counsel for the Applicant: Mr J S Cooke

Solicitor for the Applicant: DLA Piper Australia

ORDERS NSD 528 of 2016

BETWEEN: INTERNATIONAL AWARDS GROUP LLC Applicant

AND: ASIAN ADVRETISING FESTIVAL (SPIKES) ASIA PTE LTD First Respondent

HAYMARKET MEDIA LTD Second Respondent

JUDGE: PERRAM J DATE OF ORDER: 31 MAY 2016

THE COURT ORDERS THAT:

1. The applicant have leave to serve its originating application and a sealed copy of this order on the second respondent in Hong Kong in accordance with the Hague Convention. 2. The case management hearing scheduled for 31 May 2016 be vacated. 3. The return date for the originating process be fixed as 9.30am on 15 July 2016. 4. The matter be stood over for further directions at 9.30am on 31 May 2016. 5. The applicant be granted leave to remove Annexure MGU-13 from the affidavit of Melinda Gai Upton affirmed 27 April 2016. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.