On 20 December 2013 for a collateral purpose BHF filed a trademark infringement application against A-Sashi under the Trade Marks Act 1995 (Cth) commencing legal proceedings in the Federal Circuit Court of Australia.
Christian spoke with a law firm for advice prior to the legal proceedings commencing and was told words to the effect:
Even if you’re right and we don’t believe you’ve infringed either, you need to understand Nestlé get what they want and go all the way to bankruptcy.
IN AUSTRALIA CHRISTIAN HAS BEEN SELF-REPRESENTED AGAINST NESTLÉ AND POST AS FOLLOWS:
- Federal Circuit Court of Australia proceedings – SYG3214/2013 Société des Produits Nestlé SA & Ors v James William Christian (FCC proceedings), filed by Nestlé on 20 December 2013;
- Federal Court of Australia proceedings – NSD940/2014 James William Christian v Société des Produits Nestlé SA & Ors (Federal Court proceedings), filed by Christian on 16 September 2014 to appeal from the 3 September 2014 orders made in the FCC proceedings;
- Notice of a Constitutional matter under section 78B of the Judiciary Act 1903 filed by Christian on 5 December 2014 in the FCC proceedings with notification to the Attorney-General George Brandis;
- Application for removal to the High Court of Australia for a cause pending in the FCC proceedings filed by Christian on 15 January 2015; and
- Application for special leave to appeal to the High Court of Australia proceedings – S239/2015 James William Christian v Société des Produits Nestlé SA & Ors (High Court proceedings) filed by Christian on 17 November 2015.