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Class action beauty parade takes centre stage at High Court
Class Actions 2020-11-09 10:56 pm By Christine Caulfield

The eyes of class action lawyers will be on the High Court Tuesday as it hears arguments over a judge’s power to choose a single class action among competing proceedings and what, if anything, should be made of a case’s funding structure and likely returns to group members when picking a winner.

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Qantas employee fired for viewing porn on company iPad loses appeal
Employment 2020-11-09 4:38 pm By Spencer Fowler Steen

A 59-year-old Qantas engineer who used his company-issued iPad to view pornographic material while at work has lost his unfair dismissal appeal.

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Glencore largely prevails in ATO appeal over $92M tax fight
Appeals 2020-11-06 9:57 pm By Miklos Bolza

Mining giant Glencore has mostly defeated an appeal by the Australian Taxation Office in their tax fight, and will only have to pay $2 million of a $92 million bill relating to the sale of copper from a mine in Cobar, NSW.

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Mylan fails in High Court bid to save patents for top seller Lipidil
Intellectual Property 2020-11-06 12:06 pm By Cat Fredenburgh

The High Court has declined to take up Mylan’s challenge to a Full Court ruling upholding the invalidity of three patents for its blockbuster cholesterol drug Lipidil.

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Judge won’t hold separate hearing on survival of claim against late Banksia cost consultant
Class Actions 2020-11-05 1:12 pm By Christine Caulfield

A judge overseeing the misconduct trial in the Banksia Securities class action has rejected a bid by a lawyer for the deceased cost consultant in the case to separately determine whether a cause of action survives his death.

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Craft brewery can’t overturn cancellation of ‘Urban Ale’ trade mark
Intellectual Property 2020-11-04 7:00 pm By Miklos Bolza

A Melbourne-based craft brewery has failed to save its ‘Urban Ale’ trade mark, with the Full Federal Court dismissing its appeal and finding that a judgment ordering the cancellation of the mark was correct.

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ATO appeals Crown victory over GST on high roller junkets
Appeals 2020-11-03 4:24 pm By Cat Fredenburgh

The Australian Taxation Office is challenging a victory by two Crown Resorts’ casinos in a $100 million dispute over GST assessments on commissions and rebates paid to tour operators that directed international VIP gamblers to the casinos.

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Lawyer Alex Elliott ‘didn’t know any better’, Banksia class action trial hears
Class Actions 2020-11-02 10:36 pm By Christine Caulfield

The son of Banksia class action funder Mark Elliott, who has been accused of complicity in a fraudulent scheme to maximise the profits of the lawyers in the case, was young and inexperienced and didn’t know his father’s conduct was wrong, his barrister has told a court.

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Viagogo appeals $7M penalty for duping consumers
Competition & Consumer Protection 2020-11-02 1:42 pm By Cat Fredenburgh

Viagogo has appealed a $7 million penalty handed down after a judge found the ticket reseller had misled consumers into thinking it was an official vendor and failed to disclose booking fees of around 28 per cent.

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Findex can’t enforce ‘convoluted’ restraint clauses against advisor who poached clients, court says
Accounting 2020-10-30 10:23 pm By Miklos Bolza

Accounting firm Findex has lost an appeal of a court’s judgment tossing its case against a former financial advisor, despite the court finding he had poached the company’s clients and caused $742,000 in losses.

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