Answer ... The owner of an unregistered foreign trademark may be able to bring proceedings for passing off if it can establish that a significant or substantial number of persons within Australia are aware of the foreign owner’s reputation.
A foreign owner may also have rights to pursue misleading or deceptive conduct in respect of the trademark if it can prove a sufficient reputation in Australia to establish that use by the third party would be misleading or deceptive.
Answer ... Yes, Australia is part of the Madrid Protocol.