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PwC can’t claim privilege over all advice to JBS, judge finds
Tax 2022-03-25 10:57 am By Miklos Bolza

A judge has rejected the Australian Taxation Office’s claim that legal professional privilege does not apply to any communications between PricewaterhouseCoopers and its client, meat processor JBS, but has found that many of the reviewed documents do not satisfy the test of privilege.

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Senior partner was not negligent in rejecting $4.45M Westpac settlement, court finds
Professional Negligence 2022-03-25 10:26 pm By Cindy Cameronne

A Sydney-based law firm and one if its senior partners has defeated lawsuits by five former clients alleging breach of duties and conflict of interest relating to a rejected $4.45 million settlement in an employment case against Westpac.

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Peters served with $12M penalty for exclusive dealing
Competition & Consumer Protection 2022-03-25 1:51 pm By Sam Matthews

Peters Ice Cream has been hit with a $12 million penalty after admitting to entering an anti-competitive exclusive agreement for distribution of its single serve ice creams to service stations and convenience stores across Australia.

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High Court to weigh in on peak indebtedness rule in win for Gunns liquidators
Restructuring & Insolvency 2022-03-25 5:44 pm By Miklos Bolza

The High Court will clarify the so-called peak indebtedness rule used by liquidators recouping payments to unsecured creditors, granting a special leave application brought by the liquidators of collapsed forestry giant Gunns Group.

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Green groups dodge $450,000 security in cases against VicForest
Environment 2022-03-25 1:08 pm By Cindy Cameronne

Environmental groups fighting to protected the threatened greater glider have defeated VicForests’ bid for security for costs after a judge found the orders would “stifle” litigation in the public interest.

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ATO hits back at Pepsico lawsuit over Schweppes bottling payments
Tax 2022-03-25 9:31 pm By Miklos Bolza

A notice issued to Pepsico demanding royalty withholding tax over bottling payments made by Schweppes correctly notified the soft drink giant of its tax liability, the Australian Taxation Office has said.

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High Court won’t hear Clive Palmer’s appeal over $102M Queensland Nickel loan
Energy & Natural Resources 2022-03-25 1:50 pm By Miklos Bolza

The High Court has declined a special leave application by Clive Palmer-owned mining firms challenging a judgment which ordered the billionaire to repay a $102 million loan taken out from Queensland Nickel prior to its collapse in 2016.

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Law firm’s bill for distributing Robodebt class action settlement cut by $1M
Class Actions 2022-03-24 1:01 pm By Christine Caulfield

A judge has ordered that $1.27 million be set aside to cover the costs of the law firm administering the settlement in the class action over the federal government’s Robodebt scheme, cutting about $1 million from the figure sought.

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Law firm must pay former high earner ‘fruits of his victory’ pending appeal
Appeals 2022-03-24 1:43 pm By Cindy Cameronne

A Melbourne law firm has lost its bid to delay payment of a $184,000 judgment to a former junior lawyer who earned hundreds of thousands of dollars per year under a lucrative pay structure.

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WA Attorney General says he made ‘mistakes’ under oath in Clive Palmer trial
Defamation 2022-03-24 10:21 pm By Christine Caulfield

WA Attorney-General John Quigley wants a second go at his trial testimony in a defamation case brought by mining magnate Clive Palmer, admitting he made “mistakes” while giving evidence in the witness box.

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