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Ban on Instagram selfie with Kylie Jenner would intrude on ‘personal freedom’, judge says
Intellectual Property 2019-07-17 6:19 pm By Amelia Birnie

A judge has refused to order the removal of a selfie photograph with model Kylie Jenner from the personal Instagram account of the former CEO of a trendy Australian sunglasses retailer, saying such an injunction would intrude on her “personal freedom”.

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Aged care provider Estia Health hit with shareholder class action
Class Actions 2019-07-17 2:09 pm By Amelia Birnie

Residential aged care provider Estia Health says it will “vigorously defend” a class action filed by Phi Finney McDonald on behalf of shareholders who allege the company failed to disclose serious commercial difficulties with its acquisition strategy.

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Condom maker Ansell settles SKYN trade mark spat
Intellectual Property 2019-07-17 1:37 pm By Amelia Birnie

Ansell has settled a dispute with a Perth cosmetic clinic over its proposed registration of the trade mark ‘SKYN Love The Skyn You’re In’, after the Australian rubber latex manufacturer argued it was substantially identical to four of its condom trade marks.

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Subpoena not a ‘garden party invitation’: judge in pelvic mesh class action warns doctor groups
Class Actions 2019-07-16 8:05 pm By Amelia Birnie

A judge overseeing the pelvic mesh class action against Johnson & Johnson subsidiary Ethicon has questioned why three doctor’s professional bodies tried to negotiate court orders requiring them to hand over their member lists, agreeing the supboena was “not a garden party invitation”.

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IOOF CFO slams disqualification case as ‘egregious’ example of impulsive enforcement
Financial Services 2019-07-16 5:12 pm By Amelia Birnie

Lawyers for IOOF chief financial officer David Coulter have dismissed APRA’s allegations that he breached his superannuation duties as commercially “naïve”, “absolutely desperate” and a “most egregious example” of impulsive regulatory enforcement action.

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Sportsbet loses application for ‘Same Game Multi’ trade mark
Intellectual Property 2019-07-15 7:10 pm By Amelia Birnie

Sportsbet’s application to register ‘Same Game Multi’ as a trade mark has been rejected, with the Registrar of Trade Marks relying on statements in the company’s own market research that its betting product should “do exactly what it says on the tin” to find the mark insufficiently distinctive.

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Norton Rose loses bid for summary dismissal of sex discrimination case
Employment 2019-07-15 2:21 pm By Amelia Birnie

A former Norton Rose Fulbright manager who accused employees of the global law firm of bullying her and suggesting “wives were supposed to stay in the kitchen” has narrowly avoided having her Fair Work claim struck out for being “vague, ambiguous and unintelligible”.

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Geoffrey Rush briefs new top silk to fight Nationwide defamation appeal
Defamation 2019-07-15 11:28 am By Amelia Birnie

Actor Geoffrey Rush is pulling out all the stops in his bid to uphold his record $2.9 million defamation judgment against Daily Telegraph publisher Nationwide News, briefing a prominent Sydney barrister to lead his case against the appeal.

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Former Dick Smith execs may seek to vacate trial date if cross claims filed
Class Actions 2019-07-12 9:18 pm By Amelia Birnie

Two former executives of Dick Smith may seek to vacate an upcoming trial date for two class actions against the failed retailer, after recently being hit with cross claims by the company’s former auditor, Deloitte.

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‘Stalinist’ APRA deterring ‘good people’ from super industry, ex-IOOF directors say
Financial Services 2019-07-12 8:08 pm By Amelia Birnie

The former directors of troubled fund manager IOOF have slammed APRA for bringing a “truly hopeless” disqualification case against them, telling a court the prudential regulator’s “Stalinist” approach was deterring “good people and good companies” from participating in the superannuation industry.

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