Switch was heavily involved in a trade mark opposition appeal and cancellation action between a large Australian bank and credit union in the Federal Court, including attendance at trial.

This case was complex, involving multiple legal issues and large volumes of documents and data.

Given the different complex legal issues involving this case and the high cost of litigation, our client (the Bank) wanted to explore alternative resourcing options with the aim of reducing the cost of the litigation whilst at the same time ensuring that it was adequately resourced by subject matter experts.

After consideration of various options, the relevant personnel at the Bank recommended the disaggregation of this trade mark litigation.  This involved engaging different legal service providers with expertise in trade mark and banking law, litigation process and procedure to handle different aspects of the case, including legal research, drafting evidence, document review, litigation process, court appearances as well as subject matter experts in banking and trade mark law.

Given Switch’s expertise in trade mark law and significant experience working in, and with, banks and its low hourly rates and alternative fee models (including fixed pricing, retainers, project based secondments etc), Switch was engaged by the Bank to work as an extension of its in-house legal team.  This involved advising on the trade mark law aspects of the case, research, document management, drafting evidence and working with various divisions of the Bank’s business to collate the required evidence (which spanned 20+ years).

Switch also worked closely with the other legal services providers, including junior and senior counsel, a litigator and lawyer with expertise in banking as well as expert witnesses.  Together the legal team developed a project plan that outlined key milestones and deadlines, assigned responsibilities to team members, and used tools such as task lists and calendars to track progress.  This strategy was pivotal in keeping the team focused on the required tasks at hand and avoided wasting time and resources on unnecessary activities.

By disaggregating the litigation, the Bank was able to significantly reduce its legal fees whilst still receiving quality legal services and a high standard of output.

Overall, disaggregating litigation can provide businesses with greater flexibility, cost savings, and access to specialised legal expertise, by allowing businesses to customize their legal support based on their specific needs and budget.  This can be especially beneficial for small or mid-sized businesses that may not have the resources to hire a large law firm.