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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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ACCC says court must shut down Garuda appeal for ‘deliberate and willful’ $19M fine dodge
Competition & Consumer Protection 2020-03-02 10:07 pm By Miklos Bolza

The ACCC has asked for an interim stay of an appeal by Indonesian airline Garuda, which has yet to pay a $19 million penalty for airline price fixing, telling the court it wanted to give the company another chance to explain its “entirely exceptional” non-compliance.

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ASIC pans Wagyu and shiraz ‘thought experiments’ in Westpac home loan appeal
Financial Services 2020-02-25 5:05 pm By Miklos Bolza

ASIC has criticised a Federal Court judge for his ‘thought experiments’ around prospective home loan applicants feasting on Wagyu beef and shiraz, as the regulator challenges the judge’s dismissal of its responsible lending case against Westpac.

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No harm, no foul? Full Court weighs ACCC challenge to flushable wipes ruling
Competition & Consumer Protection 2020-02-24 5:58 pm By Miklos Bolza

The ACCC claims it was not required to prove Kimberly-Clark’s flushable wipes caused actual harm to sewers, as it challenges a ruling that disposed of its consumer law case against the personal care giant.

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Judge should be commended for ‘judicial economy’, Pacific National tells court in ACCC appeal
Competition & Consumer Protection 2020-02-18 2:37 pm By Christine Caulfield

Pacific National has defended a decision by a judge to accept an undertaking and rule against the ACCC in its competition case over the rail operator’s acquisition of a major freight terminal in Queensland, saying the ruling was structured with “commendable judicial economy”.

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Judge overstepped in accepting Pacific National undertaking, ACCC tells appeals court
Competition & Consumer Protection 2020-02-17 4:30 pm By Christine Caulfield

The judge who dismissed the ACCC’s challenge to Pacific National’s acquisition of Aurizon’s Acacia Ridge Terminal in Queensland had no power to accept an undertaking by the rail operator as an answer to the competition regulator’s case, an appeals court has been told.

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ATO appeals ruling in $60M dispute with Healius over lump sum payments
Appeals 2020-01-15 12:24 pm By Miklos Bolza

The Australian Taxation Office has appealed a Federal Court judgment that healthcare company Healius could recover a tax refund and associated interest estimated to be worth about $60 million.

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ASIC takes Volkswagen to court for alleged car loan breaches
Financial Services 2019-12-20 10:23 pm By Christine Caulfield

Not bowed by its defeat against Westpac in a case over alleged responsible lending breaches, the Australian Securities and Investments Commission has brought action against Volkswagen alleging similar violations of the credit laws in relation to almost 50,000 car loans over three years.

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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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Bondi Beach bar sues Aristocrat Technologies over ‘defective’ gaming machines
Product Liability 2019-11-29 1:04 pm By Cat Fredenburgh

A trendy Bondi Beach bar has dragged Aristocrat Technologies to court for allegedly selling it defective gaming machines that repeatedly froze when customers tried to use them.

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