Bad Faith in Trade Mark Application

Note: Please kindly use Australian Guide to Legal Citation

Section 62A of the Trade Marks Act 1995 (Cth) provides that a trade mark application can be opposed on the ground that the application was made in bad faith. Under what circumstances can this ground be successfully used to oppose a trade mark application? Discuss with reference to any cases (both in Australia or elsewhere) how the concept of bad faith is likely to be applied in Australia.