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

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
Employment 2020-05-22 6:43 pm By Alison Eveleigh

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
Competition & Consumer Protection 2020-05-21 12:53 pm By Miklos Bolza

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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‘I didn’t come down in the last shower’: Judge trashes barristers’ submissions in CFMEU whistleblower trial
Employment 2020-05-20 11:33 am By Miklos Bolza

A judge has scrapped overly-long written submissions by barristers in proceedings brought by two CFMEU whistleblowers and replaced them with an extra day of oral submissions at the end of the hearing, saying he was not duped by the “old game” of shrinking margins and fonts in submissions.

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ACCC dodges indemnity costs over failed detergent cartel appeal
Competition & Consumer Protection 2020-05-06 6:37 pm By Miklos Bolza

Personal healthcare giant PZ Cussons has lost its bid for indemnity costs against the ACCC, after claiming that the regulator was “doomed to fail” when it appealed a judgment dismissing its case over an alleged laundry detergent cartel.

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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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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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