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Telstra can be sued for ex-employee’s ‘sickening’ sexual harassment of neighbours
Employment 2023-12-14 9:59 pm By Sam Matthews

The Full Federal Court has found that Telstra can be sued for a former employee’s alleged sexual harassment of his neighbours, finding  harassment that is part of a private dispute may also occur in the course of providing services.

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Grocon’s back-atcha argument on privilege fails in Barangaroo spat with Infrastructure NSW
Construction 2023-12-14 4:24 pm By Sam Matthews

Grocon has lost yet another argument over documents in its lawsuit against Infrastructure NSW over a stalled $2 billion Central Barangaroo development project, with a judge rejecting its bid to access material over which the government agency claimed privilege and public interest immunity. 

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Norton Rose partner who investigated bullying claim not ‘decision maker’ in sacking, court finds
Employment 2023-12-13 11:05 pm By Cat Fredenburgh

A judge has thrown out a former Norton Rose Fulbright digital marketing manager’s claims that she was sacked for making complaints about bullying, finding a partner who was appointed to investigate her claims of bullying was not involved in the decision to terminate her employment.

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ASIC bans ex-AMP adviser who claims he was forced to sell business under BOLR for $6.1M
Financial Services 2023-12-13 2:36 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has banned a former AMP authorised representative who is suing the wealth manager for allegedly terminating him without proper cause and forcing him to sell his business for $6.1 million under its buyer of last resort program.

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KFC loses challenge to Grill’d’s HFC trade mark
Intellectual Property 2023-12-07 10:22 pm By Sam Matthews

KFC has failed to block Grill’d’s HFC trade mark, with a judge finding the marks are not deceptively similar and that Grill’d did not act in bad faith despite parodying the fast food giant in advertising for its ‘Healthy Fried Chicken’ products. 

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PepsiCo loses dispute with ATO over royalty withholding tax
Tax 2023-12-01 11:57 pm By Cat Fredenburgh

In a victory for the ATO, a judge has found that payments made by Schweppes to PepsiCo as part of a bottling and distribution agreement, which did not expressly provide for payment of a royalty for use of the company’s IP, were royalties and should be taxed accordingly.

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ACCC wins record $15M penalty for resale price maintenance
ACCC 2023-12-01 4:07 pm By Cindy Cameronne

Power tool maker Techtronic has been ordered to pay a record $15 million penalty after admitting it told resellers to set a minimum price for Milwaukee branded products, for which it is a wholesale supplier.

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Judge won’t recuse himself from watchdog’s case against law firm directors
Business of Law 2023-12-01 1:36 pm By Cindy Cameronne

A judge has refused to disqualify himself from a case by the Victorian legal watchdog against the former directors of two law firms, saying errors by him at directions hearings in the case did not equate to bias.

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Procter & Gamble’s ’30 Minute Miracle’ dish soap claims don’t wash, court finds
Competition & Consumer Protection 2023-11-30 3:49 pm By Cindy Cameronne

Consumer goods giant Procter & Gamble Australia made misleading statements that its Fairy ‘30 Minute Miracle’ dishwashing tablet was better at cleaning than Reckitt Benckiser’s Finish Platinum Plus, but both companies made false claims about their products, a judge has found.

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Seven must produce emails exchanged with Ben Roberts-Smith’s lawyers
Defamation 2023-11-30 1:33 pm By Cindy Cameronne

An appeals court has refused to set aside subpoenas forcing Seven to produce some of the 8,600 emails it exchanged with Ben Roberts-Smith’s solicitors concerning his failed defamation case over alleged war crimes he committed in Afghanistan.

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