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Law firm appeals $1.4M judgment over negligent advice
Business of Law 2021-03-29 11:56 am By Cat Fredenburgh

A Sydney-based law firm is challenging a ruling that ordered it to pay $1.4 million in damages for failing to properly advise a client of his rights under a partnership agreement after he suffered several strokes.  

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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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‘Missed the mark’: Qantas loses urgent appeal in spat with Virgin-bound exec
Employment 2021-03-26 6:41 pm By Cindy Cameronne

An appeals court has upheld a ruling that Qantas’ dispute with former executive Nick Rohrlach over his defection to competitor Virgin Australia should be heard in Singapore because it falls under an exclusive jurisdiction clause in his employment agreement.  

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Qantas files ‘urgent’ appeal in dispute with defecting executive
Appeals 2021-03-25 12:11 pm By Cindy Cameronne

Qantas has appealed a decision that found its dispute with former executive Nick Rohrlach over his defection to competitor Virgin Australia should be heard in Singapore, saying the exclusive jurisdiction clause in his contract did not “bite”.

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Clough appeals tax ruling on $15M in cancellation of entitlements
Tax 2021-03-25 11:28 am By Cat Fredenburgh

Construction company Clough Limited has appealed a ruling that found it cannot claim over $15 million paid to employees for cancellation of their shares and options as a tax deduction.

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Freedom Foods pushes to have Blue Diamond dispute heard in Australia
Appeals 2021-03-24 1:37 pm By Cat Fredenburgh

Freedom Foods is not giving up on its legal battle to have a dispute with Blue Diamond Growers over an almond licensing deal determined in Australia.

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ATO wins appeal over $2.3M Auctus R&D tax refund mistake
Tax 2021-03-23 9:27 pm By Miklos Bolza

The Australian Taxation Office has successfully appealed a Federal Court decision finding it could not recover an R&D tax offset refund of around $2.3 million paid to Auctus Resources despite the payment being made by mistake and the mining company admitting it was not entitled to the money.

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In win for ACCC, Full Court says vulnerability not essential to proving unconscionable conduct
Appeals 2021-03-22 1:39 pm By Miklos Bolza

The Full Federal Court has ruled that unconscionable conduct under the Australian Consumer Law is not confined to exploitation of vulnerable parties, in an “extremely significant” judgment that will extend the reach of the unconscionable conduct provisions and protect a wider swathe of consumers.

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High Court to hear Glencore shipping fee fight with Port of Newcastle
Competition & Consumer Protection 2021-03-17 11:50 am By Cat Fredenburgh

The High Court will weigh in on a dispute between the Port of Newcastle and mining giant Glencore over access charges to shipping channels used to export coal from the Hunter Valley.

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Lawyer gets greenlight to file late defamation suit against Ten
Defamation 2021-03-16 5:22 pm By Miklos Bolza

A Sydney solicitor has won an extension of time to file a defamation case against Network Ten after an appeals court found he had valid reason for not bringing the case by the one-year deadline — fighting criminal charges that were eventually dropped.

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