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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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‘The well has run dry’: Judge shoots down class action bid for internal Ford reports
Class Actions 2019-11-22 10:07 pm By Cat Fredenburgh

The judge overseeing a class action against car maker Ford over its allegedly defective PowerShift transmission has shot down the applicant’s request for additional discovery, saying that after multiple delays in the case “the well has run dry”.

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GIlbert + Tobin opposes fix to Charif Kazal’s ‘incomprehensible’ lawsuit
Contracts 2019-11-20 2:45 pm By Miklos Bolza

Gilbert + Tobin is seeking to shut down a lawsuit brought by a firm owned by Sydney business owners Charif and Tarek Kazal after the Federal Court gave the company one last chance to fix what a judge called the “simply incomprehensible” pleadings.

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Globaltech sues Reflex Instruments over mining tech sold to Boart Longyear
Intellectual Property 2019-11-06 7:19 pm By Miklos Bolza

Technology firm Globaltech Corporation has filed Federal Court proceedings against rival Reflex Instruments for selling two mining survey devices to drilling company Boart Longyear that allegedly infringe its patent.

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Judge shoots down objections to Mossgreen liquidators’ payday
Restructuring & Insolvency 2019-11-06 5:34 pm By Christine Caulfield

The administrators and liquidators of failed auction house Mossgreen have had their $646,000 in fees approved over the objections of creditors, with a judge saying they were entitled to the remuneration after recovering more than $2 million in assets.

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Training college Unique cops $4M penalty in ACCC case
Competition & Consumer Protection 2019-10-31 2:49 pm By Christine Caulfield

Unique International College has been slapped with a $4.165 million penalty after a court found the defunct vocational trainer engaged in unconscionable conduct in enrolling students in courses costing up to $22,000.

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Westpac lending class action gets makeover after ASIC loss
Financial Services 2019-10-30 4:07 pm By Christine Caulfield

A class action accusing Westpac of issuing unsuitable home loans is pushing forward with overhauled pleadings after the corporate watchdog lost a related regulatory action, and the class now says it was enough that the bank failed to account for borrowers’ so-called essential expenses.

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ACCC wants stay of Garuda appeal as airline refuses to pay $19M fine
Appeals 2019-10-29 8:59 pm By Miklos Bolza

The Australian Competition and Consumer Commission is seeking a stay of an appeal by PT Garuda Indonesia while the airline’s $19 million fine May for engaging in cartel conduct remains unpaid.

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Judge tosses Babcock & Brown cases, finds ‘serious problems’ with market-based causation
Securities 2019-10-21 8:47 pm By Miklos Bolza

A judge has dismissed three proceedings by shareholders against the liquidator of failed global financial services firm Babcock & Brown, in a finding that highlights “serious problems” with market-based causation and may have ramifications for securities class actions.

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Iluka class action doesn’t need cash to put up security, judge says
Class Actions 2019-10-16 11:00 pm By Cat Fredenburgh

The applicant in a shareholder class action against Iluka Resources can put up security for the company’s legal costs by way of two insurance deeds of indemnity, but a bid to use the deeds to replace the $1.25 million it earlier paid in cash security has failed.

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