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‘Total war’: Judge rejects Hytera’s new defence in Motorola IP dispute
Angus Lang 2020-03-06 3:51 pm By Miklos Bolza

Calling the complex intellectual property dispute a “total war” between the tech giants, a judge has dismissed a proposed amended defence by Hytera Communications to Motorola’s allegations of copyright infringement, finding that the “wholly new case” would derail an upcoming trial in May and push it back by at least a year.

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Ex-Norton Rose partner fails in last minute bid to have judge recused for bias
Employment 2020-03-06 3:05 pm By Christine Caulfield

A former Norton Rose Fulbright partner who accused a Federal Court judge of bias has failed in his bid to have the judge recuse himself on the first day of trial in the long running termination dispute, which was heard in Melbourne this week.

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Rural Funds wants $625,000 in damages from US short seller Bonitas
Agriculture 2020-03-06 12:48 pm By Miklos Bolza

Agricultural fund management firm Rural Funds Management is seeking over $625,000 in damages from US short seller Bonitas Research, which was found by the NSW Supreme Court to have engaged in misleading and deceptive conduct in a report describing RFM’s equity as “ultimately worthless” that sent the firm’s share price plummeting.

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Icon can’t block Opal Tower developer from calling on $3.9M guarantee
Chief Justice James Allsop 2020-03-05 4:10 pm By Miklos Bolza

The builder behind the ill-fated Opal Tower has lost its opposition in the NSW Supreme Court to a $3.9 million guarantee requested by the property’s developer, after a judge found it had not proved compliance with its contractual obligations.

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Judge scolds parties for delaying funder’s landmark appeal by three months
Adero Law 2020-03-05 1:34 pm By Alison Eveleigh

Litigation funder Augusta Ventures has had its appeal of a groundbreaking ruling that put it on the hook for security for costs in a Fair Work class action pushed back by three months after a delayed case management hearing, with a Federal Court judge telling the parties they were to blame.

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City of Melbourne fights damages in parking patent case
Andrew McRobert 2020-03-05 12:28 pm By Miklos Bolza

The City of Melbourne has rejected a claim for damages for allegedly infringing a patented parking detection system created by tech firm Vehicle Monitoring Systems, saying it was not aware of the existence of two patents underlying the invention.

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‘Disappointed’ ACCC won’t challenge ruling on $15B Vodafone, TPG merger
ACCC 2020-03-05 9:37 am By Cat Fredenburgh

The Australian Competition and Consumer Commission says it has no grounds to challenge a ruling that found the $15 billion merger of Vodafone with telecommunications rival TPG would not substantially lessen competition.

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Vagisil maker files appeal to halt European rival’s trade mark
Appeals 2020-03-04 9:24 pm By Cat Fredenburgh

The maker of Vagisil feminine hygiene products has appealed a ruling that denied its bid to stop a European competitor from registering Vagisan as a trade mark in Australia.

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‘Manifestly excessive’ $238,000 defamation payout to childcare worker tossed on appeal
Carneys Lawyers 2020-03-04 5:30 pm By Alison Eveleigh

A Sydney-based childcare centre that sent an allegedly defamatory email to 35 people has won its appeal of a $238,000 damages award, with an appeals court calling the figure “manifestly excessive” and questioning the “fundamental approach to damages” in defamation cases in NSW.

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Former Bechtel exec wins appeal, can claim $11.8M share loss as tax deduction
Appeals 2020-03-04 5:15 pm By Miklos Bolza

A former executive of engineering giant Bechtel will be allowed to deduct over $11.8 million in share losses from his taxable income after successfully challenging a ruling to the Full Federal Court, in a decision that clarifies taxation law for income and capital regarding asset trades.

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