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‘Disruptive and unsatisfactory’: Hytera slammed for late stage bid to adjourn copyright trial
Angus Lang 2020-07-03 3:35 pm By Miklos Bolza Sydney

Motorola has slammed Chinese radio manufacturer Hytera’s “disruptive and unsatisfactory” request to adjourn a highly anticipated copyright trial over the alleged theft of source code which is due to begin in three weeks.

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Hytera can’t claim Motorola purposefully delayed notification of source code theft
Angus Lang 2020-06-30 5:00 pm By Cat Fredenburgh Sydney

A judge has rejected new evidence sought to be advanced by Hytera Communications in its IP battle with Motorola that Motorola deliberately delayed notifying Hytera of possible theft of its source code because it wanted to improve its market position.

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ASIC loses appeal in responsible lending case against Westpac
Appeals 2020-06-26 12:06 pm By Christine Caulfield Melbourne

The Australian Securities and Investments Commission has failed in a high-profile challenge to a ruling for Westpac in its responsible lending case against the bank, with an appeals court majority saying the regulator read too much into the national credit laws.

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ACCC takes Pacific National, Aurizon terminal deal challenge to High Court
Alice Muhlebach 2020-06-26 10:15 am By Christine Caulfield Melbourne

The competition regulator wants the High Court to hear its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, saying the deal would entrench the rail freight carrier’s near monopoly on the east coast of Australia.

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Judge won’t re-open Love Is In The Air case to hear argument ‘overlooked’ the first time
Banki Haddock Fiora 2020-06-25 4:39 pm By Cat Fredenburgh Melbourne

The judge overseeing a copyright infringement lawsuit against an electronic music duo and Air France over the 1977 disco hit ‘Love Is In The Air’ has denied a request to re-open the case or tweak his reasons for rejecting most claims for damages, saying the plaintiffs’ opportunity to raise an argument they had likely “overlooked” had passed.

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Lead applicant breaks down during cross-examination in Ford class action trial
Allens 2020-06-19 4:51 pm By Miklos Bolza Sydney

The lead applicant in a class action against Ford over its allegedly defective PowerShift transmission broke down after being accused of lying under oath during a heated virtual cross-examination by the car company’s barrister.

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Barrister’s arguments on constitutional issue in CFMEU case ‘the wrong way around’, judge says
Brendan Docking 2020-06-16 10:44 pm By Cat Fredenburgh Melbourne

A judge has rejected a bid by the CFMEU to pause a trial brought by two sacked union officials while the court gives the country’s attorneys-general a chance to intervene over constitutional arguments raised, saying the union’s barrister was wrong that the issues in the case could not be split up.

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Ford cars fitted with PowerShift are ‘lemons’, court hears as high-stakes trial revs up
ACCC 2020-06-15 8:27 pm By Alison Eveleigh Sydney

Tens of thousands of Ford cars which contain an allegedly defective transmission system are “lemons”, a court heard on day one of a six-week hearing in a long-running class action against the car maker.

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BP loses appeal of Hitler parody video ruling
Christopher Tran 2020-05-22 6:43 pm By Alison Eveleigh Sydney

The Full Federal Court has dismissed BP’s appeal of a ruling by the Fair Work Commission that reinstated a worker who was fired for sharing a video clip that included subtitles placed over a scene from the movie ‘Downfall’ about Adolf Hitler.

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ACCC can’t stop Garuda appeal despite unpaid $19M penalty
ACCC 2020-05-21 12:53 pm By Miklos Bolza Sydney

The ACCC has lost its bid to stay a cartel appeal by Indonesian airline PT Garuda, with a judge finding the competition watchdog had not shown the airline acted in contempt of court by failing to pay a $19 million fine.

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