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ASIC to challenge ‘uncertainty’ of Westpac responsible lending decision
Appeals 2019-09-10 9:07 pm By Amelia Birnie

The Australian Securities and Investments Commission has filed an appeal against the Federal Court’s responsible lending ruling in favour of Westpac, arguing the decision had created uncertainty around the obligations of credit providers.

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Hytera takes another shot at defending Motorola theft claims
Appeals 2019-09-09 2:11 pm By Cat Fredenburgh

Hytera will take another shot at winning court approval to amend its defence so it can blame Motorola for not alerting it to the alleged theft of the US telco’s source code by former employees sooner.

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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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‘Affront to equality’: High Court trashes rule allowing self-repped lawyers to claim costs
Appeals 2019-09-04 11:31 pm By Cat Fredenburgh

The High Court has done away with a rule that allowed self-represented lawyers to claim costs for legal proceedings, calling the exception an “affront to the fundamental value of equality of all persons before the law”.

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ACCC loses appeal in cartel case over coal mining licences
Appeals 2019-09-04 3:46 pm By Miklos Bolza

The Australian Competition and Consumer Commission has failed in its challenge to a ruling that dismissed its bid-rigging case over mining exploration licences involving Cascade Coal and the sons of jailed Labor politician Eddie Obeid.

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Glencore prevails in $92M court battle with ATO
Tax 2019-09-03 10:58 pm By Christine Caulfield

Commodity trading and mining company Glencore has won a fight with the Australian Taxation Office over a $92 million tax bill related to copper purchased from a subsidiary operating the Cobar mine in NSW.

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Zoetis loses challenge over security for costs in horse vaccine class action
Class Actions 2019-09-03 2:57 pm By Cat Fredenburgh

The Full Federal Court has shot down a challenge to a ruling denying horse vaccine maker Zoetis’ application for security for costs in an unfunded class action brought on behalf of horse owners alleging the company failed to warn about the potential side effects of the Hendra virus vaccine.

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Firm resolves costs dispute in Treasury Wine class action
Class Actions 2019-09-02 2:40 pm By Cat Fredenburgh

A firm owned by solicitor Mark Elliott has reached an agreement resolving a dispute with Treasury Wine Estates over the costs the firm should pay in a stayed class action against the winemaker.

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Lawyers breached duty to client with ‘sharply’ conflicting interests, appeals court rules
Legal Ethics 2019-08-30 9:54 pm By Amelia Birnie

A Sydney law firm has been ordered to pay hundreds of thousands of dollars in compensation and restitution for breach of its fiduciary duties, after a former client successfully appealed a conflict of interest case.

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Crown can appeal ruling that freed Chinese employees to talk to lawyers
Appeals 2019-08-29 10:28 pm By Christine Caulfield

Crown Resorts has been given the greenlight to challenge a court order allowing former employees to talk to lawyers for a class action over its business in China, but the class has another chance to make its case that the ruling should stand.

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