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Appeal filed after judge rejects bid for oral discovery in 7-Eleven class actions
Class Actions 2021-03-09 4:25 pm By Miklos Bolza

The lead plaintiffs in two class actions against 7-Eleven have appealed a decision rejecting the very first Federal Court application for oral discovery, which would have seen four former employees bound by confidentiality agreements give evidence.

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High Court refuses special leave to Healius in $60M tax refund battle
Tax 2021-03-05 5:59 pm By Christine Caulfield

Health care giant Healius has lost its application to the High Court to challenge a $60 million win for the Australian Taxation Office.

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Irate judge says lawyers should personally face costs for signing off on deficient cases
Employment 2021-03-05 4:55 pm By Christine Caulfield

Certification of pleadings in legal action is not a formality that needs to be “ticked off”, and solicitors who put their signature to improperly pleaded cases should face adverse costs, an irritated appeals judge has said.

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Johnson & Johnson unit loses high-stakes appeal in pelvic mesh class action
Appeals 2021-03-05 11:34 am By Miklos Bolza

The Full Federal Court has tossed an appeal by Johnson & Johnson unit Ethicon challenging a landmark decision that put it on the hook for paying damages to 10,000 women who suffered injury through defects in its prolapse mesh and incontinence tape implants.

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GetSwift wins appeal bid to disqualify judge from class action
Appeals 2021-03-05 10:38 am By Spencer Fowler Steen

GetSwift has triumphed in its bid to disqualify a judge who refused to recuse himself from hearing a shareholder class action against the logistics software company after presiding over ASIC’s civil penalty proceeding against the company.

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Full Court to hear another appeal over computer-implemented invention
Intellectual Property 2021-03-04 2:58 pm By Cat Fredenburgh

The Full Federal Court has been asked to consider an appeal of a judge’s ruling backing the position of the Commissioner of Patents that two patents for a computer-implemented invention did not describe a manner of manufacture and should be revoked.

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Law firms await beauty tips as High Court set to rule on competing class actions
High Court 2021-03-03 10:43 pm By Christine Caulfield

The High Court has set a date for handing down its keenly anticipated judgment in a case that challenged the winner of a beauty contest of class actions against AMP, a decision expected to offer guidance on how courts should tackle the so-called multiplicity problem.

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David Leyonhjelm loses appeal of $120,000 defamation award to Sarah Hanson-Young  
Defamation 2021-03-03 10:57 am By Cindy Cameronne

Former senator David Leyonhjelm has lost his appeal of a ruling ordering him to pay $120,000 to Greens senator Sarah Hanson-Young for defaming her in a series of interviews in 2018.

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Full Court to hear CUB dispute with ATO over 1,500 tax docs
Appeals 2021-03-03 10:10 am By Cat Fredenburgh

Carlton United Breweries has appealed a ruling ordering it to hand over almost 1,500 documents to the Commissioner of Taxation relating to an audit of the beer giant.

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Clough Limited can’t claim $15M in taxes from cancellation of employee entitlements, court rules
Tax 2021-03-02 9:23 pm By Cindy Cameronne

Construction company Clough Limited cannot claim over $15 million paid to employees for cancellation of their shares and options as a tax deduction, with a judge dismissing the Perth-based company’s appeal of a decision from the Commissioner of Taxation.

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