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High Court upholds challenge to backpacker tax
Employment 2021-11-03 4:36 pm By Cat Fredenburgh

The High Court has found a 15 per cent ‘backpacker tax’ imposed on holders of Australian working holiday visas violates a double taxation agreement between Australia and the UK.

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Investors lose joint appeal bid to boost slice of Halifax liquidation assets
Restructuring & Insolvency 2021-10-27 3:13 pm By Miklos Bolza

Investors in collapsed stockbroker Halifax Investment Services have failed to overturn decisions in Australia and New Zealand relating to the date of realisation of their investments which have decreased the amount they can recover in the company’s liquidation.

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Developer wins GST class action appeal despite misleading investors
Real Estate 2021-10-25 5:53 pm By Miklos Bolza

A Canberra property developer that misled investors about GST on its apartments does not have to pay compensation to the lead applicant in a class action against it, an appeal court has found.

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Companies can’t block ATO’s grilling of disgraced accountant Vanda Gould
Tax 2021-10-19 2:01 pm By Miklos Bolza

Three companies operated by convicted accountant Vanda Gould have failed again to block further cross examination of Gould by the Commissioner of Taxation in a number of tax appeals in the Federal Court.

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Judges should have no say in coal mine approvals, Morrison government says in class action appeal
Climate change 2021-10-18 9:07 pm By Miklos Bolza

Approving coal mine projects is not the business of courts, the Morrison government has argued in its challenge to a landmark class action judgment that found it had a duty of care to protect Australian children from the effects of climate change.

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Christian Porter targets former Solicitor-General’s briefs in Jo Dyer appeal
Defamation 2021-10-15 2:45 pm By Miklos Bolza

Former Attorney-General Christian Porter wants to rely on new evidence relating to former Solicitor-General Justin Gleeson SC as he appeals the removal of his high profile silk from a now settled defamation case against the ABC over its coverage of historical rape allegations.

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Murray Darling Basin Authority fails again to limit class action liability
Appeals 2021-10-12 12:45 pm By Miklos Bolza

The Murray Darling Basin Authority can’t rely on defences claiming it is a “public or other authority” to limit the liability of a class action brought over alleged negligent water management, an appeals court has found.

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‘Madness’ if Sandoz entitled to generic Lexapro licence, High Court told
Intellectual Property 2021-10-12 7:20 pm By Cindy Cameronne

Danish drug maker Lundbeck has told the High Court it did not contract away a royalty-free licence to generic drug maker Sandoz to sell blockbuster antidepressant Lexapro, saying such a decision would be commercial “madness”.

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NAB faces re-trial in adverse action case by worker who committed data breach
Employment 2021-10-12 4:05 pm By Miklos Bolza

A former financial planner found to have engaged in a data breach at National Australia Bank will have her adverse action lawsuit against the bank partially reheard after an appeals court found the judge who tossed the case failed to properly consider why she was fired.

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High Court asked to weigh in on Queensland floods class action
Class Actions 2021-10-07 11:25 pm By Cat Fredenburgh

The applicants in the Queensland floods class action have asked the High Court to overturn a judgment which found dam operator Seqwater was not liable because it was functioning as a public authority when operating two dams during the 2011 floods, arguing the case raises important issues about appeals in ‘mega’ litigation.

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