Division 3 The Trade Marks Act 1995 of the Commonwealth

48.17   Particulars of infringements

(cf SCR Part 81, rule 37)

Particulars of the infringements of a registered trade mark:

(a)  must specify the manner in which the trade mark is alleged to be infringed, and

(b)  must give at least one instance of each type of infringement alleged.

48.18   Counter-claim to proceedings for infringement

(cf SCR Part 81, rule 38)

(1)  The defendant in any proceedings for infringement of a registered trade mark may apply by way of counter-claim for an order:

(a)  that the Register be rectified, or

(b)  directing the Registrar to remove the trade mark from the Register.

(2)  There must be delivered with the counter-claim particulars of the grounds on which the order is sought.

48.19   Judgment in absence of defendant

(cf SCR Part 81, rule 38B)

(1)  Unless the Supreme Court otherwise orders, a judgment based on infringement of a trade mark may not be given or entered against a defendant in his or her absence unless the plaintiff files an affidavit that the proceedings are not in contravention of section 128 of the Trade Marks Act 1995 of the Commonwealth.

(2)  Unless the Supreme Court otherwise orders, a judgment based on section 129 of the Trade Marks Act 1995 of the Commonwealth may not be given or entered against a defendant in his or her absence unless the plaintiff files an affidavit that the proceedings are not in contravention of section 129 (5) of that Act.

48.20   Evidences for purposes of regulation 8.2 of the Trade Marks Regulations 1995

(cf SCR Part 81, rule 38C)

Unless the Supreme Court otherwise orders, the evidence in support of an application to which regulation 8.2 of the Trade Marks Regulations 1995 of the Commonwealth (which relates to certain applications for rectification of the Register) applies must include evidence sufficient to enable the Court to comply with the regulation.