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In victory for Glencore, High Court won’t weigh in on landmark transfer pricing ruling
Tax 2021-05-26 11:03 am By Cat Fredenburgh Melbourne

The High Court has denied the ATO’s request that it weigh in on Australia’s transfer pricing regime, leaving in place a Full Court victory for mining giant Glencore that left it paying $2 million of a $92 million bill relating to the sale of copper from a mine in Cobar, NSW.

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Shell wins appeal over deductions from WA gas exploration project
Tax 2021-05-17 4:11 pm By Miklos Bolza Sydney

Fossil fuel giant Shell Australia has partially won a challenge to a tax office decision denying deductions claimed over an acquisition the increased the company’s stake in Woodside Energy’s Browse Basin gas exploration joint venture project.

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High Court to hear ATO test case over trust income disclaimers
Tax 2021-04-20 3:16 pm By Miklos Bolza Sydney

The High Court has granted special leave in a test case by the Australian Taxation Office concerning the effectiveness of disclaimers by trust beneficiaries giving up entitlements to trust income and any associated tax obligations.

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ATO wins High Court appeal against Travelex over mistaken $149,000 tax surplus
Tax 2021-03-10 3:45 pm By Miklos Bolza Sydney

The High Court has ruled that the tax office was not obliged to refund money for tax surpluses mistakenly issued under the GST Act, in a long-running legal dispute between the Commissioner of Taxation and foreign currency exchange Travelex.

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Glencore largely prevails in ATO appeal over $92M tax fight
Appeals 2020-11-06 9:57 pm By Miklos Bolza Sydney

Mining giant Glencore has mostly defeated an appeal by the Australian Taxation Office in their tax fight, and will only have to pay $2 million of a $92 million bill relating to the sale of copper from a mine in Cobar, NSW.

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Partial success for Moray & Agnew in ‘fruit of the action’ lien fight with Probuild
Construction 2020-09-10 12:11 pm By Alison Eveleigh Sydney

Moray & Agnew has partially won its bid to reclaim over $260,000 in unpaid costs after its client was wound up amid a long-running legal battle with construction company Probuild.

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‘Not an idle or disinterested bystander’: Funder hit with costs for failed real estate case
Real Estate 2020-05-27 7:51 pm By Cat Fredenburgh Sydney

A court has ruled that a litigation funder backing an unsuccessful real estate lawsuit by two broke plaintiffs must cover the legal costs after finding that the funder’s goals in the case were “more to serve its own commercial and financial ends” than to assist its clients.

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High Court quashes AFP warrant used to raid News Corp journalist’s home
Media 2020-04-15 8:06 pm By Christine Caulfield Sydney

The High Court has quashed a search warrant obtained by the Australian Federal Police and used to raid a News Corp journalist’s home, but did not go so far as to order the return or destruction of documents obtained in the raid.

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Rinehart family ordered into mediation in long-running feud over $4B trust
Energy & Natural Resources 2020-03-25 4:46 pm By Miklos Bolza Sydney

A judge has ordered the Rinehart family to enter mediation in their feud over a $4 billion trust, saying it was “overwhelmingly in the interests of the administration of justice” to seek an end to the long-running and bitter dispute.

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‘Affront to equality’: High Court trashes rule allowing self-repped lawyers to claim costs
Appeals 2019-09-04 11:31 pm By Cat Fredenburgh Melbourne

The High Court has done away with a rule that allowed self-represented lawyers to claim costs for legal proceedings, calling the exception an “affront to the fundamental value of equality of all persons before the law”.

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