Ms Clare McNamara:

Yes, under existing High Court procedures.

The qualified entities must engage with the trader for pre-litigation consultation before taking a representative action seeking an injunction. That pre-litigation consultation provides the trader and the qualified entity with the opportunity to have the trader cease the infringement. They have to be given that opportunity before one starts going to the High Court. If the trader has not ceased the infringement within two weeks of having received a request for a consultation or engaged in a consultation, the qualified entity can proceed to court to seek an injunction.