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High Court deals blow to trust beneficiaries in victory for ATO
The ATO has won a legal challenge over when it can claim tax from trust income, with the High Court finding beneficiaries cannot “retrospectively expunge” their entitlements to the proceeds of a trust despite the potential “unfairness” this creates.
High Court awards Paralympian $6.75M for fall in campdrafting competition
The High Court has ordered a sports association to pay $6.75 million to a woman who suffered a serious spinal injury after falling during a campdrafting competition in Ellerston, New South Wales, overturning an appeals court decision that cleared the association of negligence.
Snap Fitness franchisee appeals denial of coverage for pandemic-related loss
Snap Fitness franchisee Dural 24/7 has appealed a ruling that found insurer Lloyd’s could rely on a conformity clause in its insurance contract to deny coverage to the NSW gym for losses related to the coronavirus pandemic.
Qantas engineers lose appeal over COVID-19 stand down orders
Aircraft engineers for Qantas have lost a challenge to a ruling that the airline had no "genuine choice" when it stood them down in March 2020 during the COVID-19 pandemic.
Insurer on hook for doctor’s costs in breast implant class action
An appeals court has found that Avant Insurance must indemnify a plastic surgeon for his legal bills and the claims of all relevant group members in a class action over alleged botched breast augmentations.
High Court won’t hear ALP members’ challenge to federal takeover of election
The High Court has declined special leave to members of the Victorian Labor party to challenge a judge’s finding that the pre-selection of ALP candidates in Victorian electorates by federal administrators during their takeover of the state party was lawful.
Airbags class action judge failed to grapple with ‘unknowable’ explosion risk, appeals court hears
The plaintiff in a class action against Volkswagen over allegedly deadly Takata airbags has told an appeals court his case was misunderstood by the trial judge, who found he failed to prove that cars fitted with the airbags were not of acceptable quality.
Novartis challenges loss of experts in spat with Pharmacor over generic Gilenya
Novartis wants to appeal a ruling in its dispute with generic drug maker Pharmacor over patents for its multiple sclerosis drug Gilenya that tossed three of its four experts out of an upcoming so-called hot tub.
High Court to weigh in on peak indebtedness rule in win for Gunns liquidators
The High Court will clarify the so-called peak indebtedness rule used by liquidators recouping payments to unsecured creditors, granting a special leave application brought by the liquidators of collapsed forestry giant Gunns Group.
Law firm must pay former high earner ‘fruits of his victory’ pending appeal
A Melbourne law firm has lost its bid to delay payment of a $184,000 judgment to a former junior lawyer who earned hundreds of thousands of dollars per year under a lucrative pay structure.