Solomon Brothers

🔍 2025 Patent Case: A Crucial Read on Split Decisions & Judicial Precedent

A recent Full Court of the Federal Court of Australia decision, Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2025] FCAFC 131, offers valuable insights into the complexities of judicial precedent, especially in cases involving split decisions.

Key Takeaways:

⚖️ Navigating Split Decisions: The case delves into how courts should handle situations where the High Court is evenly divided, providing clarity on the application of s.23(2)(a) of the Judiciary Act.

⚖️ Precedential Challenges: It highlights the challenges lower courts face when determining which decisions to follow, especially when earlier judgments are in conflict.

⚖️ Implications for Legal Practice: This judgment underscores the importance of understanding the nuances of judicial precedent, which can significantly impact the outcome of cases.

For legal professionals, this case serves as a critical reminder of the complexities involved in judicial decision-making and the importance of staying informed about developments in case law.

🔗 Read the full article here >> https://www.solbros.com.au/why-a-2025-patent-case-is-a-must-read-on-split-decisions-and-judicial-precedent/

2025 Patent Case is a Must-Read on Split Decisions and Judicial Precedent On 16 September 2025, The Full Court of the Federal Court of Australia delivered a very interesting judgment in the matter of Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2025] FCAFC 131.

🔍 When Is a Direction an Award? A Key Question in Fremantle Port Authority

In a recent case involving the Fremantle Port Authority, the distinction between a "direction" and an "award" under the Fair Work Act has come under scrutiny. This distinction is crucial, as it determines whether certain actions are subject to industrial instruments or if they fall outside their scope.

The case highlights the importance of understanding the nuances in employment law and the potential implications for both employers and employees.

Read More >> https://www.solbros.com.au/when-is-a-direction-an-award-a-key-question-in-fremantle-port-authority/

When is a Direction an "Award"? A Key Question in Fremantle Port Authority On 28 August 2025, His Honour Justice Lundberg handed down an interesting judgement arriving from a valuation arbitration.

We are pleased to announce that Doug Solomon has again been recognised by Best Lawyers and is featured in The Best Lawyers in Australia™️ for Real Property Law in the 2025 edition, with a particular emphasis on Property Development.

Read the full story, with Doug's response to the peer-reviewed honour, via the article below.

Best Lawyers Recognition for Doug Solomon | Solomon Brothers Doug Solomon recognised in the 2025 edition of The Best Lawyers in Australia™ for Real Property Law with a focus on Property Development.

Wishing everyone a safe and happy Christmas 🎄

Limiting the length of submissions for claims below $50k to 10 pages.

The newly released consultation draft of Building and Construction Industry (Security of Payment) Regulations (https://www.commerce.wa.gov.au/publications/consultation-building-and-construction-industry-security-payment-regulations-2022-and) poses some interesting questions on the pros and cons of certain matters addressed by regulations. One is the proposal to limit the length of submissions for claims below $50k to 10 pages. Solomon Brothers Partner David Marsh shares his thoughts at https://www.linkedin.com/pulse/draft-sopa-wa-regulations-out-comment-david-marsh/.