Australian Tribunals (28 October 2026)

Send us Fan Mail The Patent Office and three tribunals, twelve decisions, in the Tribunals edition of Wednesday 28 October 2026, one with a headnote. Why a reward scheme run through a payment terminal is mostly not a manner of manufacture after Aristocrat '25; how to get back into a VCAT case you missed and how to test a Calderbank offer; why a small business sale without a disclosure statement is void; and the exceptional case test in a blue card review. Tribunals Desk: a reward scheme at the Patent Office (lead). Kyro Card Capital Pty Ltd [2026] APO 31 - after Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2025] FCAFC 131, POS lock-down and PCI standards are artificial restrictions, not technical limitations, so overcoming them is not a technical problem; claim 1 was an abstract idea manipulated on a computer, administrative in nature; an asserted artificial state of affairs or 'something more' is not enough; one-way hashing of PANs is established technique and comparing hashes an administrative step (s 18(1)(a) Patents Act 1990 (Cth)). Most claims in both sets not a manner of manufacture; amended claims 2 and 3 remitted for further examination, with new prior art on inventive step. JADE Tribunals Desk: missed hearings and costs offers (frameworks from synopses; no outcome stated). Turner v Mico [2026] VCAT 901 - synopsis: s 120 VCAT Act review of an order made in a party's absence (awareness, reason for non-attendance, a reasonable case); 14 days from awareness and one application without leave (r 4.24); the right form and fee are essential (s 132, r 3.07); GP certificates tested against s 3 and PNVCAT2. JADE Stanley v EWH Construction West Pty Ltd (Costs) [2026] VCAT 896 - synopsis: s 109(3) criteria one by one; a Calderbank offer inclusive of costs is tested with costs as at the offer date; pre-proceeding 14-day offers may be unreasonable where the offeree has no lawyers; fixing costs under s 111(a) versus the Costs Court. JADE Tribunals Desk: a business sale and a building contract (frameworks from synopses). Bowen Smith Pty Ltd v Mane & Ors [2026] VCAT 899 - synopsis: the s 52 Estate Agents Act 1980 (Vic) statement in Form 2; without it a small business sale contract is absolutely void under s 52(6), indemnity and liability clauses included; invite submissions on an unpleaded decisive point. No outcome stated. JADE Newearth Constructions Pty Ltd v Gillis & Anor [2026] VCAT 897 - synopsis: subdivision civil works outside the DBC Act, jurisdiction under ss 182 and 184 ACLFT Act; AS 4905 conditions incorporated by express reference; progress certificates on account do not extinguish defect claims; a fencing breach found but no award without proof of net loss. JADE Tribunals Desk: blue card reviews and unacceptable risk (legal framework only; no outcome stated). Blue Card Applicant MG v Director-General Department of Justice [2026] QCAT 501 - synopsis: the exceptional case framework (ss 221(2), 226, 360 as printed); the Tribunal applies the same evaluative test, Briginshaw imposes no higher standard; unacceptable risk, not a balance of risk and protective factors; an exceptional case may be found where the risk is less than an even chance; transitional provisions, the Human Rights Act 2019 (Qld), and the weight of unsworn investigator summaries. JADE Registry and the thread (list only, by subject; no outcome stated):