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Hytera loses latest bid to vacate Motorola trial over worries about witnesses catching coronavirus
Intellectual Property 2020-07-14 7:55 pm By Miklos Bolza

Hytera Communications has lost its latest attempt to adjourn an upcoming virtual trial in a copyright case brought by rival Motorola, despite concerns by the Chinese radio manufacturer that witnesses could be exposed to the coronavirus if forced to travel to give evidence.

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Judge grapples with ‘most complicated’ adjournment bid in Hytera, Motorola dispute
Intellectual Property 2020-07-09 10:50 pm By Miklos Bolza

Hytera Communications argued it should be granted a late-stage bid to postpone its copyright trial with Motorola Solutions, in what a judge called “the most complicated adjournment application” he’d ever heard.

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‘Let down’ by own lawyers: Family of MH17 victim wins appeal after being shut out of class action
Class Actions 2020-07-07 10:40 pm By Alison Eveleigh

The parents of an Australian national who was killed aboard Malaysia Airlines flight MH17 have successfully appealed a decision blocking them from participating in the settlement of a class action, with an appeals court judge describing as “disturbing” the conduct of their legal team in the group proceeding.

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

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
Intellectual Property 2020-06-30 5:00 pm By Cat Fredenburgh

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
Financial Services 2020-06-26 12:06 pm By Christine Caulfield

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
Competition & Consumer Protection 2020-06-26 10:15 am By Christine Caulfield

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
Intellectual Property 2020-06-25 4:39 pm By Cat Fredenburgh

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
Class Actions 2020-06-19 4:51 pm By Miklos Bolza

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
Employment 2020-06-16 10:44 pm By Cat Fredenburgh

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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