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Country Care fails in appeal of jury directions ruling in criminal cartel case
Competition & Consumer Protection 2020-03-06 4:15 pm By Christine Caulfield

Country Care and two employees have lost an appeal of a first-of-its kind Federal Court ruling on jury directions in a criminal cartel case against the mobile equipment provider.

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Judge scolds parties for delaying funder’s landmark appeal by three months
Appeals 2020-03-05 1:34 pm By Alison Eveleigh

Litigation funder Augusta Ventures has had its appeal of a groundbreaking ruling that put it on the hook for security for costs in a Fair Work class action pushed back by three months after a delayed case management hearing, with a Federal Court judge telling the parties they were to blame.

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Vagisil maker files appeal to halt European rival’s trade mark
Appeals 2020-03-04 9:24 pm By Cat Fredenburgh

The maker of Vagisil feminine hygiene products has appealed a ruling that denied its bid to stop a European competitor from registering Vagisan as a trade mark in Australia.

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Former Bechtel exec wins appeal, can claim $11.8M share loss as tax deduction
Tax 2020-03-04 5:15 pm By Miklos Bolza

A former executive of engineering giant Bechtel will be allowed to deduct over $11.8 million in share losses from his taxable income after successfully challenging a ruling to the Full Federal Court, in a decision that clarifies taxation law for income and capital regarding asset trades.

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Clive Palmer’s company takes another shot at shutting down class action
Appeals 2020-03-03 12:07 pm By Cat Fredenburgh

A company owned by Clive Palmer is appealing a ruling that denied its bid to temporarily block funding for a class action over the troubled Coolum Palmer Resort.

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ACCC says court must shut down Garuda appeal for ‘deliberate and willful’ $19M fine dodge
Competition & Consumer Protection 2020-03-02 10:07 pm By Miklos Bolza

The ACCC has asked for an interim stay of an appeal by Indonesian airline Garuda, which has yet to pay a $19 million penalty for airline price fixing, telling the court it wanted to give the company another chance to explain its “entirely exceptional” non-compliance.

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Sunwater to join challenge to Queensland floods class action victory
Appeals 2020-02-28 6:13 pm By Cat Fredenburgh

Dam operator Sunwater will join an appeal of a victory in a class action filed on behalf of victims of the 2011 Queensland floods, despite pleas from the firm running the case and the State of Queensland that insurers for the dam operators let the ruling stand.

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BP worker fired over Hitler parody video to be reinstated after win on appeal
Employment 2020-02-28 4:50 pm By Miklos Bolza

A refinery worker sacked by BP over a parody Hitler video has won his job back after a Fair Work Commission appeals panel overturned a prior decision upholding his dismissal, finding that the clip he shared was not offensive or inappropriate.

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Deloitte partners can’t dodge production order after ‘outrageous’ removal of audit files, Full Court says
Class Actions 2020-02-27 10:00 am By Miklos Bolza

Deloitte has lost its appeal of a ruling in a shareholder class action over the collapse of Hastie Group that compelled the production of audit files taken by a partner from the accounting giant’s litigation room, in a ruling that described the actions of the partner as “bordering on contempt” and slammed Deloitte for “cynically” exploiting the situation.

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Privileges of partnership: Deloitte to learn fate of challenge to production order in Hastie class action
Appeals 2020-02-26 1:40 pm By Christine Caulfield

A ruling is expected Thursday in an appeal by the partnership of Deloitte over the production of audit files that were apparently stolen from the accounting giant’s litigation room, a high-stakes decision that will clarify the limits of a partnership’s right to claim privilege against self-incrimination.

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