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Class action against BHP can amend shareholder group after ‘inadvertent mistake’
Class Actions 2024-06-06 1:20 pm By Sam Matthews

The judge overseeing a six-year-old class action against BHP over the collapse of a Brazilian dam has allowed the applicant to retroactively amend the group definition, accepting that a pleading mistake was contrary to the intended class membership in the case.

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Ex-EY partner claims right to silence in ATO case over alleged tax exploitation schemes
Tax 2024-06-06 12:53 pm By Cindy Cameronne

A former Ernst & Young partner has claimed privilege against exposure to penalty and is seeking orders to avoid filing a defence in proceedings by the Australian Taxation Office alleging he promoted tax exploitation schemes.

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‘No more indulgence’: Firm that took over class actions can’t redo beauty parade bid
Class Actions 2024-06-06 11:09 pm By Sam Matthews

A judge will not allow a law firm that stepped in to lead class actions against Hyundai and Kia to amend its funding proposal to seek a group costs order ahead of a carriage fight, even though its proposal would have led to greater returns for group members.

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End of the road for Hells Angels in fight for damages against Redbubble
Intellectual Property 2024-06-06 11:07 pm By Cat Fredenburgh

The High Court has declined to step in after Hells Angels’ award of $78,000 in damages for online marketplace Redbubble’s infringement of its trade marks was slashed to just $100, bringing to an end an IP fight that has stretched on for nearly a decade.

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High Court won’t take up Clive Palmer’s challenge to criminal charges
High Court 2024-06-06 11:37 pm By Cat Fredenburgh

The High Court will not hear mining magnate Clive Palmer’s challenge to a court’s finding that lawsuits he brought challenging two criminal cases against him over a takeover bid and alleged payments to his political party were an abuse of process and should be stayed.

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Mawhinney escapes $3.5M bankruptcy action by Mayfair Wealth promoter
Restructuring & Insolvency 2024-06-06 3:01 pm By Cindy Cameronne

Mayfair 101’s James Mawhinney has defeated bankruptcy action by the owner of marketing firm 360 Degree Media, who claimed the founder of the beleaguered wealth management business owed him $3.5 million. 

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‘Industrial scale misuse’: Fortescue sues former exec’s green iron start-up Element Zero
Intellectual Property 2024-06-05 10:09 pm By Cindy Cameronne

Fortescue has brought legal action against start-up Element Zero and three former employees, alleging “industrial scale misuse” of the Western Australian mining company’s confidential information.

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ASIC scores third straight win in greenwashing cases
Greenwashing 2024-06-05 9:55 pm By Sam Matthews

The corporate regulator is on a winning streak in its greenwashing cases, with a judge rejecting Active Super’s attempt to qualify its “unequivocal” statements about limiting its investment in companies connected to gambling and coal mining.

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Garuda Airlines immune from creditor’s winding up bid, High Court says
High Court 2024-06-05 11:08 pm By Sam Matthews

The High Court has dismissed an appeal of a decision which found Indonesia’s national airline could avail itself of foreign state immunity to defeat a winding up application.

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High Court clarifies ‘dominant use’ in land tax exemption for animal farms
Appeals 2024-06-05 11:02 pm By Sam Matthews

Unanimously dismissing an appeal by thoroughbred breeding and horseracing giant Godolphin, the High Court has ruled on the proper construction of a tax exemption for rural land in NSW.

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