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PepsiCo loses dispute with ATO over royalty withholding tax
Tax 2023-12-01 11:57 pm By Cat Fredenburgh

In a victory for the ATO, a judge has found that payments made by Schweppes to PepsiCo as part of a bottling and distribution agreement, which did not expressly provide for payment of a royalty for use of the company’s IP, were royalties and should be taxed accordingly.

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ACCC wins record $15M penalty for resale price maintenance
ACCC 2023-12-01 4:07 pm By Cindy Cameronne

Power tool maker Techtronic has been ordered to pay a record $15 million penalty after admitting it told resellers to set a minimum price for Milwaukee branded products, for which it is a wholesale supplier.

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Judge won’t recuse himself from watchdog’s case against law firm directors
Business of Law 2023-12-01 1:36 pm By Cindy Cameronne

A judge has refused to disqualify himself from a case by the Victorian legal watchdog against the former directors of two law firms, saying errors by him at directions hearings in the case did not equate to bias.

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Brittany Higgins denies ‘evolving’ evidence about alleged rape
Defamation 2023-11-30 6:44 pm By Sam Matthews

Facing cross-examination for the first time in Bruce Lehrmann’s defamation case, former Liberal staffer Brittany Higgins has denied she adapted her evidence to suit new information and dismissed the “insulting” proposition that she fabricated the alleged rape by Lehrmann out of fear she would lose her job.

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$26M settlement approved in class action over Dreamworld tragedy
Class Actions 2023-11-30 10:16 pm By Cat Fredenburgh

A judge has signed off on a $26 million settlement in a shareholder class action against Ardent Leisure over the 2016 Dreamworld tragedy, including $7.8 million for the funder that backed the case and $5 million in legal costs.

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Procter & Gamble’s ’30 Minute Miracle’ dish soap claims don’t wash, court finds
Competition & Consumer Protection 2023-11-30 3:49 pm By Cindy Cameronne

Consumer goods giant Procter & Gamble Australia made misleading statements that its Fairy ‘30 Minute Miracle’ dishwashing tablet was better at cleaning than Reckitt Benckiser’s Finish Platinum Plus, but both companies made false claims about their products, a judge has found.

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Seven must produce emails exchanged with Ben Roberts-Smith’s lawyers
Defamation 2023-11-30 1:33 pm By Cindy Cameronne

An appeals court has refused to set aside subpoenas forcing Seven to produce some of the 8,600 emails it exchanged with Ben Roberts-Smith’s solicitors concerning his failed defamation case over alleged war crimes he committed in Afghanistan.

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Brittany Higgins details alleged rape by Bruce Lehrmann
Defamation 2023-11-29 5:37 pm By Sam Matthews

Former Liberal staffer Brittany Higgins has given details about her alleged rape by former colleague Bruce Lehrmann in Parliament House, an event she says left her “completely disconnected” from herself.

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Ex-ANZ unit hit with $5M penalty for fees-for-no-service conduct
Superannuation 2023-11-29 4:40 pm By Cat Fredenburgh

Former ANZ superannuation trustee OnePath Custodians has been hit with a $5 million penalty for charging superannuation members more than $4 million in fees that it was not entitled to.

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Insurers appeal ruling putting them on hook for Opal Tower class action costs
Appeals 2023-11-29 11:27 pm By Cat Fredenburgh

The Full Court will weigh in on whether Opal Tower engineer WSP was excluded from builder Icon’s policy coverage for subcontractors and should cover it own class action costs.

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