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Uber Eats makes restaurant contracts easier to swallow after ACCC scrutiny
Competition & Consumer Protection 2019-07-17 3:53 pm By Christine Caulfield

Uber Eats will overhaul its contracts with restaurants after an investigation by the Australian Competition and Consumer Commission found the agreements unfairly favoured the food delivery service.

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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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Claims of stolen docs at heart of new suit against Pfizer over vaccine patent
Intellectual Property 2019-07-16 9:48 pm By Miklos Bolza

Merck Sharp & Dohme has claimed ownership of a Pfizer patent related to the blockbuster Prevnar 13 vaccine, after a doctor who moved between the pharmaceutical companies and is listed as an author on the patent allegedly accessed confidential Merck documents before jumping ship to Pfizer.

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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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Chris Gayle defeats defamation appeal by publishers despite lawyer going ‘too far’ at trial
Appeals 2019-07-16 4:52 pm By Miklos Bolza

The publishers of the Sydney Morning Herald, The Age and The Canberra Times have lost an appeal of a $300,000 defamation award to cricketer Chris Gayle, despite the appeals court finding Gayle’s barrister had gone “too far” in his submissions to the jury.

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Delegate says A2 milk common meaning bars ‘true A2’ trade mark
Intellectual Property 2019-07-16 3:19 pm By Cat Fredenburgh

The phrase true A2 is not inherently adapted to distinguish the A2 Milk Company’s products because A2 milk is commonly understood to signify less allergenic dairy products that do not contain the A1 protein, according to a now-published ruling that’s already been appealed by the dairy company.

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Vodafone avoids fine after agreeing to refund customers over misleading billing
Competition & Consumer Protection 2019-07-16 2:14 pm By Christine Caulfield

Telecommunications company Vodafone will refund thousands of customers misled by its direct carrier billing charges after an investigation by the consumer watchdog that saw Telstra and Optus fined $10 million for similar conduct.

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Ex-Hastie Services execs acquitted on conspiracy charges
White Collar 2019-07-15 10:50 pm By Cat Fredenburgh

Two former executives of Hastie Services have been cleared of criminal charges that they engaged in a conspiracy to falsify the company’s accounts, with a judge ordering the jury to enter verdicts of not guilty on all charges.

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