By and -

Key decisions

  • Redbubble Ltd v Hells Angels Motorcycle Corporation (Australia) Pty Ltd [2024] FCAFC 15 (David Townsend)
  • Archbishop Makarios Griniezakis v Morelas [2024] FCA 100 (Parisa Hart)


Settlement agreement – construction – broad words used – settlement agreement to be read according to what was in contemplation of parties

Redbubble Ltd v Hells Angels Motorcycle Corporation (Australia) Pty Ltd [2024] FCAFC 15 (Perram, Nicholas, Burley, Rofe and Downes JJ)

In this case a five-judge bench of the Full Court of the Federal Court of Australia considered questions relating to the proper quantum of nominal and additional damages for breaches by Redbubble Ltd (‘Redbubble’) of trade marks in certain classes held by Hells Angels Motorcycle Corporation (Australia) Pty Ltd (‘Hells Angels Australia’) and injunctive remedies. In the course of doing so, the Court interpreted a settlement agreement which bound the parties, the terms of which were, in their literal interpretation, broad enough to release Redbubble’s liability for certain of the breaches. This case note addresses the Court’s exposition of the principles applicable to the construction of a settlement agreement; the trade mark infringement and damages issues are only touched on incidentally.

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