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Gilbert + Tobin faces appeal by Sydney businessman Charif Kazal
Appeals 2020-08-03 1:09 pm By Cat Fredenburgh

Sydney businessmen Charif and Tarek Kazal have appealed a ruling that found their claims against Gilbert + Tobin over an alleged dishonest scheme to rob them of a 50 per cent stake in a lucrative Sydney waste facility were “fundamentally incoherent”.

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Lawyer loses sexual harassment appeal after urging court to just think of him as ‘Mr Darcy’
Employment 2020-07-27 11:07 pm By Christine Caulfield

A lawyer who argued his conduct towards a paralegal was not sexual harassment but a display of ardent affection akin to ‘Mr Darcy’ in ‘Pride and Prejudice’ has lost his appeal of a $170,000 judgment against him, with the Full Federal Court saying the case was “as far from a Jane Austen novel as it is possible to be”.

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ASIC won’t appeal Westpac responsible lending case to High Court
Financial Services 2020-07-22 2:56 pm By Christine Caulfield

ASIC has dropped its fight with Westpac over the bank’s financial assessment of home loan borrowers following political pressure, citing the “challenging economic circumstances”.

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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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