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Letter ‘X’ at centre of lawyer’s fight with former firm
A former principal lawyer and senator who took his former law firm to court over a single letter may soon face a cross-claim.
Naomi Neilson
A lawyer for South Australian former senator Nick Xenophon appeared before the Federal Court on Tuesday (23 July) afternoon as part of a bid to force XD Law and Advocacy to drop the letter “X” from the name.
The firm, previously known as Xenophon Davis when Xenophon was principal, has refused to give in to the demand.
During conversations about the proceedings’ timetable, counsel for XD Law, Christopher Parkin, hinted a cross-claim may be filed.
Justice Shaun McElwaine said the firm would have until 2 August to file any cross-claim, along with its defence.
The judge also flagged there would be a discussion at the next hearing about “carving out” a separate question to be heard.
“As I said on the last occasion, I am keen to keep this matter moving, and I am keen to carve out, if we can, a separate question,” Justice McElwaine said during the brief case management hearing.
An interlocutory application was adjourned to the next appearance, but not before Justice McElwaine granted Xenophon leave to serve an amended originating application.
In a statement of claim filed back in March, Xenophon accused partners Mark Davis and Natalija Nikolic of breaching a deed that the firm cease using any “variation” of his name and “any identifying marks symbols or images” that may be associated with him.
Xenophon claimed he has continued to be referred to as “Mr X” in media articles, and the firm’s insistence on keeping the X in its name meant it was engaging in conduct that was “misleading and deceptive”.
In a statement to media back in May, Davis said the firm wished Xenophon well when he left and had not made “a single reference” to the former principal in more than 12 months.
“We dealt with his departure from the firm amicably, but we now have a business to run,” Davis said.
“We will not be bullied by this.”
Xenophon was a South Australian senator between 2008 and 2017 but resigned to take an unsuccessful run at Parliament.
The proceedings will return in late August.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
