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Court finds sessional academic lecturer an employee, not a contractor
Employment 2022-06-30 5:14 pm By Cindy Cameronne

In its first decision applying a landmark High Court judgment redefining the test for when a worker is employed, the Federal Court has found a sessional lecturer for a higher education institution was an employee.

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Kupang Resources can’t get tax docs in fight to recoup funds from director Phillip Grimaldi
Tax 2022-05-30 10:30 pm By Cat Fredenburgh

An appeals court has set aside a notice issued to the tax office to produce documents to Kupang Resources as the mining company seeks to claw back millions of dollars allegedly siphoned off by former shadow director Phillip Grimaldi.

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Judge clarifies rights of responsible entities to recoup MIS costs
Financial Services 2022-03-23 4:22 pm By Miklos Bolza

A Federal Court judgment has laid out when a responsible entity of a managed investment scheme will be indemnified for its operating costs and when it can recoup legal costs in defending lawsuits brought over trust property.

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Worldwide freezing orders not conditional on enforcement prospects, High Court says
Tax 2021-12-08 6:17 pm By Cindy Cameronne

The High Court has granted the ATO’s bid to impose a worldwide freezing order against Chinese property developer Changran Huang, saying the court’s power to freeze assets did not depend on whether there was a realistic possibility of enforcing a judgment in a foreign jurisdiction.

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ATO loses appeal in JobKeeper case over sole trader’s lasped ABN
Tax 2021-03-26 10:45 pm By Christine Caulfield

The Australian Taxation Office has come up short in its challenge to a decision that a sole trader was eligible for Jobkeeper despite a cancelled ABN, with the Full Federal Court saying the small businessman was entitled to the government COVID-19 handout.

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HR company loses fight with tax office after paying debt with wrong EFT number
Tax 2020-10-06 9:36 pm By Christine Caulfield

The director of a defunct HR company has lost his bid to avoid paying a $384,000 tax bill after hundreds of thousands of dollars were sent to the tax office via the wrong EFT number and used to repay other debts the company owed.

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Judge appoints receiver, not liquidator to hotel to avoid COVID-19 misunderstanding
Restructuring & Insolvency 2020-06-12 12:32 pm By Christine Caulfield

To avoid a creditor panic in the midst of the COVID-19 health crisis, the NSW Supreme Court has appointed a receiver instead of a liquidator to a rural hotel that is the centre of a deadlocked shareholder dispute over more than $2.7 million.

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Director’s illness no excuse to dodge employee PAYG, super payments, appeals court finds
Tax 2020-03-09 5:38 pm By Miklos Bolza

A restaurant director will have to pay over $33,000 in unpaid tax after an appeals court found that despite a prolonged period of severe illness it was still reasonable to expect that management of the business and the fulfillment of tax obligations would continue.

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Clive Palmer wins some, loses some in ongoing feud with CITIC over Sino Iron mine
Energy & Natural Resources 2020-02-14 11:12 pm By Cat Fredenburgh

Clive Palmer and his company Mineralogy have survived a High Court challenge by Hong-Kong based CITIC to a ruling that put it on the hook for at least $224 million in unpaid royalties from producton at the Sino Iro mine, but a related $297 million suit by Palmer against the Chinese conglomerate has flopped.

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Forge liquidators investigate potential case against auditors KPMG
Restructuring & Insolvency 2019-11-12 8:31 pm By Miklos Bolza

Two special purpose liquidators appointed to collapsed engineering and construction company Forge Group are investigating a potential lawsuit against KPMG, which audited the doomed business prior to its $800 million collapse in 2014.

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