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ATO asks High Court to reverse PepsiCo’s win on royalty withholding tax
Intellectual Property 2024-08-09 11:41 pm By Sam Matthews

The tax office has asked the High Court to overturn a decision which found that payments made by Asahi Breweries-owned Schweppes to PepsiCo under agreements to sell brands such as Pepsi and Mountain Dew in Australia were not subject to a royalty withholding tax. 

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Full Court finds bottling agreement payments to PepsiCo’s not taxable royalties
Tax 2024-06-26 11:39 pm By Cindy Cameronne

In a loss for the Australian Taxation Office, the Full Federal Court has found that payments made by Asahi Breweries-owned Schweppes to PepsiCo under agreements to sell brands such as Pepsi and Mountain Dew in Australia were not subject to a royalty withholding tax. 

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PepsiCo appeals loss in case over royalty withholding tax
Tax 2024-01-22 3:50 pm By Christine Caulfield

US drink giant PepsiCo has lodged an appeal of a court win for the Australian Taxation Office over payments made by Schweppes under a distribution agreement that were found to be subject to royalty withholding tax.

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Federal agency faces landmark lawsuit over environmental reporting
Environment 2023-12-12 10:50 pm By Cindy Cameronne

A government entity that subsidises fossil fuel projects is facing a novel lawsuit alleging it failed to disclose the full environmental and climate impacts of its activities. 

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PepsiCo loses dispute with ATO over royalty withholding tax
Tax 2023-12-01 11:57 pm By Cat Fredenburgh

In a victory for the ATO, a judge has found that payments made by Schweppes to PepsiCo as part of a bottling and distribution agreement, which did not expressly provide for payment of a royalty for use of the company’s IP, were royalties and should be taxed accordingly.

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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

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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Class action settles against NSW public hospital operators
Class Actions 2021-05-06 3:47 pm By Christine Caulfield

A class action against the NSW government and 15 local health districts alleging relatives of overseas patients were forced to serve as guarantors for hospital bills worth tens of thousands of dollars has settled.

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The top litigation law firms of 2020
Feature 2021-01-27 11:21 pm By Cat Fredenburgh

Lawyerly’s Litigation Firms of 2020 delivered significant victories for clients last year in bet-the-company matters, thriving in a tumultuous year that saw courts and litigants adapt to virtual trials and other new norms that are sure to outlast the COVID-19 pandemic.

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

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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Full Federal Court dismisses Linfox’s $45M fuel tax challenge as ‘too weak’
Tax 2019-09-05 2:42 pm By Amelia Birnie

The Full Federal Court has dismissed Linfox’s $45 million fuel tax credit appeal, finding the Australian logistics company’s argument was ‘too weak or uncertain’ to conclude that it was being over-taxed on major toll roads across the country.

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