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High Court won’t hear Auctus appeal over $2.3M R&D tax refund mistake
High Court 2021-08-16 10:58 am By Cat Fredenburgh

Auctus Resources will not be able to hang on to a $2.3 million R&D tax offset refund which the Full Court found was paid by mistake, after the High Court turned down its special leave application.

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Ben Roberts-Smith says ex-wife lied to court about accessing his personal emails
Trials 2021-08-13 8:46 pm By Cindy Cameronne

A lawyer for accused war criminal Ben Roberts-Smith has told a judge his ex-wife did not honestly disclose whether she had given her close friend access to her former husband’s email account, and had misused his confidential and privileged information.

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‘Serious breach of trust’: ACCC wins appeal in Google ads case against Employsure
Competition & Consumer Protection 2021-08-13 4:43 pm By Bianca Hrovat

The Australian Competition and Consumer Commission has won a challenge to a ruling that tossed its case against specialist workplace relations company Employsure, with an appeals court finding the regulator was right that the company had misled small businesses into signing long term contracts via Google ads that appeared to be government affiliated.

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Aristocrat judge got it right in patent analysis for computer-implemented inventions, Full Court told
Intellectual Property 2021-08-11 9:32 pm By Christine Caulfield

The right approach to determining patentability of a computer-implemented invention is to first assess whether it is more than a mere scheme or business method, the Full Federal Court has been told in an appeal of a ruling backing IP Australia’s revocation of two patents by plumbing company Repipe.

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Court tosses lawyer’s claim for greater damages in ‘Centrelink cheat’ case against Seven
Defamation 2021-08-11 6:22 pm By Bianca Hrovat

An Adelaide lawyer who won a long-running defamation battle over a Today Tonight story that described her as a “Centrelink cheat” has lost her bid for a bigger payout after a court found there was no misapprehension of fact or law in its determination of damages.

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Apple asks High Court to undo ‘radical’ Epic Games decision
High Court 2021-08-10 3:10 pm By Cat Fredenburgh

The Full Federal Court took a “radical” and unorthodox approach with far-reaching consequences by keeping Apple’s competition dispute with Fortnite game maker Epic Games in Australia, the Silicon Valley giant has told the High Court.

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Energy Beverages files ‘Mother’ of an appeal against trade mark decision
Intellectual Property 2021-08-09 10:29 pm By Bianca Hrovat

A high-energy trade mark dispute has gone to the Federal Court after the maker of Mother energy drinks lost its bid before IP Australia to prevent a Victoria-based company from registering Kangaroo Mother as a trade mark for beverages.

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TechnologyOne wins challenge to $5.2M judgment in exec’s unfair dismissal case
Employment 2021-08-05 9:29 pm By Miklos Bolza

Australian software company TechnologyOne has succeeded in its challenge to a $5.2 million judgment in an unfair dismissal case by a former high ranking executive, with an appeals court sending the matter back for a retrial.

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High Court deals crushing defeat to casual workers
Employment 2021-08-04 10:51 am By Miklos Bolza

The High Court has found casual employees who work regular shifts are not entitled to paid annual, personal and compassionate leave under the Fair Work Act, putting the fate of seven class actions by casual miners in question.

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Bartier Perry gave client ‘dangerously incomplete’ legal advice, appeals court says
Business of Law 2021-08-03 10:43 pm By Bianca Hrovat

An appeals court has upheld a ruling that Sydney law firm Bartier Perry failed to adequately advise a lawyer about his rights under a partnership agreement, but trimmed a $1.4 million damages award against the firm.

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