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Wednesday, 29 November 1905

Mr McCAY (Corinella) - Is paragraph a necessary? It seems to me that power to make an order would be inherent in the Court in connexion with an application. A refusal to do so might be like a verdict of non-proven.

Mr Isaacs - There are some discretionary matters.

Clause agreed to.

Clauses 81 to 84 agreed to.

Clause 85 -

(1)   In any action for infringement of a registered trade mark, the Court or a Justice or Judge may certify that the right to the exclusive use of the trade mark came in question, and then in any subsequent action forinfringement of the trade mark the plaintiff on obtaining a final order or judgment in his favour shall have his full costs, charges, and expenses as between solicitor and client, unless the Court or a Justice or Judge trying the subsequent action certifies that he ought not to have them.

(2)   In this section " Court" means any Federal Court or any superior State Court having jurisdiction to entertain an action for infringement of a trade mark, and "Justice" or "Judge" means a Justice or Judge of any such Court.

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