
In July 2014, in a Federal Circuit Court hearing while under cross-examination Marina Olsen, a BHF IP lawyer acting for Nestlé and Post Holdings, wilfully committed perjury.
Ms Olsen was asked under cross-examination by Christian if she was taking instructions from KWM lawyer Michael Barker. In response Ms Olsen lied by denying ever having communication with KWM or Mr Barker in relation to A-Sashi.
Patrick Flynn, counsel in the proceeding for Nestlé and Post Holdings, quickly intervened to remind Ms Olsen that she was under oath and needed to disclose that she had communicated with KWM lawyer Mr Barker the evening before the hearing.
Ms Olsen’s misconduct contributed to BHF no longer being listed as the legal representatives for Nestlé trademarks at IP Australia after 15+ years of representation.