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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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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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‘This case makes no sense’: Judge says ‘Love Is In The Air’ infringed, but no damages owed
Intellectual Property 2020-04-27 1:48 pm By Christine Caulfield

A judge has found that an Oregon electronic music duo “flagrantly” copied the 1977 disco hit ‘Love is in the Air’ but has rejected most claims for damages because the copyright holder of the song sued for each streaming and download of the song, rather than for the creation of the infringing work.

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Aurora Funds loses challenge to ruling over soured Molopo Energy takeover
Corporate 2020-04-21 12:56 pm By Christine Caulfield

A court has upheld two decisions by the Australian Government Takeovers Panel that a bid by asset manager Aurora Funds Management to replace Molopo Energy’s directors was made in “unacceptable circumstances”.

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‘We must at least try’: Judge says virtual trial will go ahead in Ford class action
Class Actions 2020-04-16 4:55 pm By Cat Fredenburgh

Ford has lost its bid to delay an upcoming virtual trial in a class action over allegedly defective PowerShift transmissions, with a judge saying the parties must try to make a virtual trial work because the current “unsatisfactory” circumstances caused by the coronavirus pandemic could continue for a year or more.

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‘This is the reality of litigation in Australia’: Class action clashes with Ford over virtual trial
Trials 2020-04-09 9:59 pm By Christine Caulfield

Arguing that the court should not be “baulking at problems that have the potential to occur”, counsel for a class action against Ford is pushing back against a bid by the car maker to put the brakes on an upcoming virtual trial the company says will be too difficult and costly.

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ACCC was unreasonable to pursue cartel appeal, Cussons says
Competition & Consumer Protection 2020-04-03 9:54 pm By Miklos Bolza

Personal healthcare giant PZ Cussons is seeking indemnity costs from the ACCC, claiming the regulator unreasonably rejected a settlement offer in its case over an alleged laundry detergent cartel.

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On the line: Federal Court keeps wheels of justice turning by telephone
Business of Law 2020-03-20 11:29 am By Christine Caulfield

The Federal Court has updated guidance on its response to the coronavirus outbreak, saying it is working with lawyers to ensure as many hearings listed for the coming months can proceed. And Monday’s calendar, while perhaps lighter than usual, shows multiple matters will be heard as planned — by telephone.

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Full Court says HWL Ebsworth lawyer was not sacked for political views
Employment 2020-03-13 2:30 pm By Miklos Bolza

The Full Federal Court has thrown out an appeal by a former special counsel of HWL Ebsworth, ruling the senior practitioner was reasonably fired for violating the firm’s media policy in press interviews and not because of his political views.

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Cussons seeks $4.7M in indemnity costs from ACCC for ‘doomed to fail’ cartel case
Competition & Consumer Protection 2020-03-11 5:40 pm By Miklos Bolza

Personal healthcare giant PZ Cussons is seeking $4.7 million in indemnity costs from the ACCC, claiming the regulator’s much hyped spoke and hub case over an alleged laundry detergent cartel was always “overwhelmingly likely” to fail.

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