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Bendigo and Adelaide Bank appeals loss of 20-year-old trade mark
Intellectual Property 2019-11-29 11:09 pm By Christine Caulfield

Arguing the court was wrong to rule that its trade mark was not inherently distinctive, Bendigo and Adelaide Bank is challenging a judgment that revoked its 20-year-old mark for ‘Community Bank’.

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Hytera can argue Motorola should have alerted it to stolen IP sooner, Full Court says
Intellectual Property 2019-11-29 2:26 pm By Cat Fredenburgh

The Full Federal Court has handed a win to Hytera in its high-stakes intellectual property litigation with Motorola, allowing the Chinese radio manufacturer to file an amended defence arguing Motorola should have alerted it to the alleged theft of its source code by former employees sooner.

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Australia should follow US’ lead and reject Hytera’s delay defence, court hears
Intellectual Property 2019-11-25 9:44 pm By Miklos Bolza

Motorola has urged the Full Federal Court to uphold a decision dismissing an amended defence by Chinese rival Hytera Communications that sought to blame the US tech company for not alerting it to the alleged theft of its source code sooner, saying a similar argument had already failed in an ongoing trade secrets case in the US.

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HWL Ebsworth says it axed partner for lying about printouts
Business of Law 2019-11-21 9:36 pm By Miklos Bolza

HWL Ebsworth claims it was justified in firing a former partner for being dishonest about why he printed out confidential material, as the firm challenges a $450,000 unfair dismissal judgment.

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Full Federal Court gets chance to weigh in on market-based causation
Appeals 2019-11-21 4:16 pm By Cat Fredenburgh

Shareholders have appealed a ruling that found a “serious problem” with market-based causation and dismissed three cases against the liquidator of failed global financial services firm Babcock & Brown.

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Thiess appeals class action ruling over unpaid wages for bussing to work
Employment 2019-11-19 2:20 pm By Christine Caulfield

Mining services company Thiess is challenging a ruling in a class action that put it on the hook for paying workers for time spent bussing to and from their work stations at a construction site on Woodside Energy’s Pilbara-based LNG processing plant.

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ABC, Fairfax can’t alter defence in Chau Chak Wing defamation case
Defamation 2019-11-18 3:22 pm By Cat Fredenburgh

The ABC and Fairfax have lost their bid to file an amended defence in defamation proceedings brought by Chinese businessman Chau Chak Wing, several months after the Full Federal Court upheld a ruling striking out out the publishers’ truth defence.

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Uber Eats driver fired for being 10 minutes late brings appeal
Employment 2019-11-18 12:37 pm By Cat Fredenburgh

An Uber Eats driver who was allegedly sacked for being ten minutes late is appealing the Fair Work Commission’s dismissal of her case.

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Fortescue launches High Court appeal to native title ruling
Appeals 2019-11-18 10:39 am By Cat Fredenburgh

Mining giant Fortescue Metals is seeking special leave from the High Court to appeal a ruling that granted native title to the Yinjibarndi people over a large section of land in the Pilbara region of Western Australia.

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Full Federal Court rejects US exception to privilege against self incrimination
Appeals 2019-11-05 3:33 pm By Cat Fredenburgh

The sole director and shareholder of OE Solutions can challenge a ruling ordering him to hand over seized documents to Australian automotive electronics developer Directed Electronics OE, with the Full Federal Court declining to adopt US precedent that carves out an exception to the privilege against self-incrimination for corporate custodians.

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