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ACCC loses appeal over $205M Pacific National, Aurizon terminal deal
Competition & Consumer Protection 2020-05-06 5:41 pm By Miklos Bolza

The ACCC has come up short in its appeal of a ruling that dismissed its challenge to Pacific National $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the Full Federal Court also releasing Pacific National from an undertaking given to the court.

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Hytera witnesses may travel to Hong Kong to be cross-examined at Motorola IP trial
Intellectual Property 2020-05-05 3:42 pm By Miklos Bolza

Chinese-based witnesses for Hytera may be able to travel to Hong Kong for cross-examination in a now rescheduled copyright trial between Motorola and Hytera, after Chinese law and the ongoing COVID-19 health crisis forced the court to vacate the hearing, initially due to start this week.

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AMP class action should be put on ice until High Court ruling on beauty parade, court hears
Class Actions 2020-04-30 9:19 pm By Alison Eveleigh

Maurice Blackburn’s shareholder class action against AMP should be put on ice until the High Court decides whether a ruling in last year’s beauty parade awarding the firm carriage of the matter was decided in error, a court has heard.

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Judge approves $32.4M settlement in CIMIC shareholder class action
Class Actions 2020-04-28 3:46 pm By Alison Eveleigh

A judge has signed off on a $32.4 million settlement in a shareholder class action against engineering services firm CIMIC, including a hefty legal bill for the firm that brought the case.

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Rejecting ‘highly experimental’ alternative, judge vacates Motorola, Hytera copyright trial
Intellectual Property 2020-04-27 4:30 pm By Cat Fredenburgh

A judge has vacated the next stage of an intellectual property fight between Motorola and Hytera Communications because of laws prohibiting witnesses located in China from giving unauthorised evidence via videolink, rejecting a “highly experimental procedural remedy” proposed by Motorola.

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High Court may pick apart choice of Maurice Blackburn in AMP class action contest
Analysis 2020-04-21 11:00 pm By Christine Caulfield

The power of courts to choose a single winner from a contest of competing class actions is not the likely target of the High Court in taking up a challenge to last year’s beauty parade of shareholder proceedings against AMP, but the analysis behind the decision to award Maurice Blackburn the prize could face scrutiny, experts say.

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Fuchs infringed Quaker patents at BHP mine, court finds
Intellectual Property 2020-04-21 7:43 pm By Miklos Bolza

The Federal Court has found that Fuchs Lubricants infringed two patents owned by Quaker Chemicals by supplying hydraulic fluid to a Queensland mine owned by BHP Billiton Mitsubishi Alliance.

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Judge to approve $127M VW class action settlement, but 25% uplift may be axed
Class Actions 2020-03-26 9:08 pm By Alison Eveleigh

After almost five years of litigation, a Federal Court judge said he will approve a $127.1 million settlement of five class actions against Volkswagen over the diesel emissions scandal, but appeared unwilling to sign off on a 25 per cent uplift in fees sought by one of the plaintiffs firms.

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Country Care fails in appeal of jury directions ruling in criminal cartel case
Competition & Consumer Protection 2020-03-06 4:15 pm By Christine Caulfield

Country Care and two employees have lost an appeal of a first-of-its kind Federal Court ruling on jury directions in a criminal cartel case against the mobile equipment provider.

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‘Total war’: Judge rejects Hytera’s new defence in Motorola IP dispute
Intellectual Property 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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