Note: Entry of orders is dealt with in Rule 39.32 of the Federal...

Care A2 Plus Pty Ltd (Receiver Appointed) v The a2 Milk Company Limited [2024] FCA 782 (18 July 2024) (austlii.edu.au) looks like the Care A2 has to pay A2M's costs and the case is dismissed.

HE COURT ORDERS THAT:

1. Pursuant to r 19.01(1)(c) of the Federal Court Rules 2011 (Cth), the proceeding be dismissed in respect of trade mark registrations nos. 827411, 1679006, 1672247, 1744867, 1751238, 1839265 and 1868382 (the non-infringement separate determination marks), without prejudice to the applicant’s right to challenge the validity of any of those marks in the event that the respondent alleges infringement of that mark against the applicant.
2. The applicant pay the respondent’s costs of this proceeding to date in respect of the non-infringement separate determination marks.
3. The applicant pay the respondent's costs of the respondent's interlocutory application dated 14 March 2024.
4. Apart from the infringement marks, the proceeding be dismissed in respect of all other trade mark registrations set out in Annexures A and B to the Further Amended Statement of Claim filed on 17 January 2024, and the claims in relation thereto, without prejudice to the applicant’s right to challenge the validity of any of those marks in the event that the respondent alleges infringement of that mark against the applicant.
5. Order 4 of the orders of Burley J made on 30 June 2023 be vacated.
6. The applicant's interlocutory application dated 19 April 2024 is dismissed with costs in the cause.
7. By 14 August 2024, the respondent file and serve its evidence in answer.
8. Order 6 of the orders of Burley J made on 15 January 2024 be vacated.
9. By 13 September 2024, the applicant file and serve its evidence in reply.
10. The proceeding be listed for further case management, together with proceeding NSD 934 of 2022, at 9.30 am on 16 September 2024.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.