52Groundless threats of legal proceedings

52 Groundless threats of legal proceedings

(1) If an official user threatens to make an application, or bring an action, under this Act against a person (the threatened person) on the ground that the threatened person has engaged, is engaging, or is proposing to engage in conduct that contravenes section 16, any person aggrieved by the threat may bring an action in a relevant court against the official user. (2) Neither of the following alone constitute a threat to make an application, or bring an action, for the purposes of subsection (1): (a) a notification that a visual or aural representation is a protected image for a major sporting event; (b) a notification that an indicium is a protected indicium for a major sporting event. Remedies (3) In an action under this section, the court may: (a) make a declaration that the official user had no grounds for making the threat; and (b) grant an injunction restraining the official user from continuing to make the threat; and (c) award damages for loss that the person aggrieved has suffered as a result of the making of the threat. Limitation on bringing or continuing action under this section (4) An action may not be brought under this section if the official user has made an application, or brought an action, under Part 5 against the threatened person in relation to the act, or proposed act, to which the threat related. (5) An action under this section may not be continued if the official user makes an application, or brings an action, under Part 5 against the threatened person in relation to the act, or proposed act, to which the threat related. Defence—conduct of threatened person contravenes section 16 (6) It is a defence to an action under this section that the conduct of the threatened person, in relation to which the threat was made, contravenes section 16. Counterclaim (7) If the official user would be entitled to make an application, or bring an action, against the threatened person for contravening section 16, the official user may, in an action under this section, make a counterclaim for any relief to which the official user would be entitled under Part 5. (8) Parts 4 and 5 apply as if a counterclaim were an application or action made or brought by the official user under Part 5. Protection—lawyer acting on behalf of client (9) This section does not make a barrister or solicitor of the High Court, or of the Supreme Court of a State or Territory, liable to an action for an act done in a professional capacity on behalf of a client.