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In battle of Spitfire creditors, appeals court provides clarity on R&D refunds
Appeals 2023-05-31 2:22 pm By Cindy Cameronne

A private investment fund has won its claim as a secured creditor over $2 million in research and development tax refunds that a court previously found should go to employees in a fight over funds remaining following the collapse of fintech Spitfire Corporation. 

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Tyro class action judge OK’s $2.5M in settlement deductions after railing against earlier deal
Class Actions 2023-05-30 11:04 pm By Cindy Cameronne

A judge who eviscerated a prior bid by a law firm and funder to take home 60 per cent of a $5 million class action settlement with Tyro has allowed them to net half of the proceeds, questioning whether some of the costs amounted to a “complete breach” of legal professional duties.

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Solicitor can’t rep client because of conflict risk as potential witness: court
Legal Ethics 2023-05-29 3:08 pm By Cindy Cameronne

A court has barred a law firm from acting in a partnership dispute because one of its solicitors could be a material witness in the case, finding there was a potential conflict between the duty of loyalty the lawyer owed to his clients and his obligation to be honest with the court.

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SkyCity Adelaide must appoint expert to review AML/CTF programs
Gaming 2023-05-29 2:50 pm By Cindy Cameronne

The South Australia gambling commissioner has directed SkyCity Adelaide to appoint an independent expert to review its anti-money laundering and counter-terrorism financing programs after AUSTRAC alleged it allowed $4 billion in suspicious transactions at its casino.

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Concert promoter’s case against TEG over One Direction tour goes south
Entertainment 2023-05-26 4:46 pm By Cindy Cameronne

Concert promoter Mark Filby has lost his case against former Nine unit TEG Live, alleging that it nabbed his idea when it partnered with Coles to promote a 2013 Australian tour by English-Irish boy band One Direction. 

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Case against Melco Resorts over Bergin inquiry costs raises novel question
Gaming 2023-05-26 11:27 pm By Cindy Cameronne

A court will be asked to decide whether the secrecy provisions of NSW gaming legislation prohibits the state’s casino regulator from using material produced to the Bergin Inquiry in its case against Hong Kong-based Melco Resorts seeking to recover the expense of running the Bergin Inquiry.

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PFAS class action on behalf of First Australians settles for $22M
Class Actions 2023-05-25 11:13 am By Cindy Cameronne

The last remaining class action against the Department of Defence over the use of alleged toxic firefighting foam at a military base in Jervis Bay has settled for $22 million, from which $5 million will be deducted for legal costs. 

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HWL Ebsworth partner excluded from IPO wants firm head’s emails in $4.4M suit
Business of Law 2023-05-25 11:10 pm By Cindy Cameronne

A former capital partner has called on HWL Ebsworth to produce communications between managing partner Juan Martinez and other members of the management team that allegedly preceded a decision to shut him out of the law firm’s plans to float on the ASX. 

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Spain to revive immunity claims in latest suits to enforce $166.7M arbitration awards
Arbitration 2023-05-25 3:38 pm By Cindy Cameronne

Spain has foreshadowed a fresh High Court challenge claiming it is immune from proceedings brought by a renewable energy company and a Deutsche Bank subsidiary to enforce arbitration awards totalling $166.7 million related to changes to its renewable energy policies.

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Victorian judge picked to turn around troubled AAT
Courts 2023-05-24 12:15 pm By Cindy Cameronne

A judge from the Supreme Court of Victoria has been selected to lead the successor to the troubled Administrative Appeals Tribunal, which will be abolished following allegations the former government appointed political allies with no expertise.

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