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ATO wins appeal in $60M tax dispute with Healius
Tax 2020-10-12 6:46 pm By Cat Fredenburgh

The Australian Taxation Office has secured a Full Federal Court victory in its $60 million tax battle with Healius, overturning a ruling that found the healthcare company could claw back a multi-million dollar tax refund.

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Arrow drops opposition to Novartis patent for MS drug, despite win before IP Australia
Intellectual Property 2020-10-12 2:35 pm By Miklos Bolza

The Federal Court has upheld Novartis’ appeal of a ruling revoking its patent for an oral form of multiple sclerosis drug Gilenya, after Australian generic drug maker Arrow Pharmaceuticals dropped its opposition to the patent despite prevailing before IP Australia.

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Full Court gives Branhaven another shot at bovine gene patent
Intellectual Property 2020-10-09 3:57 pm By Cat Fredenburgh

Australia’s leading livestock group cannot block US company Branhaven from amending its application for a bovine genome patent, which the group has worried could harm the Australian cattle industry’s ability to use genetic tests.

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High Court won’t hear Rokt appeal on software patentability
Intellectual Property 2020-10-08 9:53 pm By Cat Fredenburgh

The High Court has declined to weigh in on the patentability of software, rejecting e-commerce company Rokt’s bid for review of a decision striking down its marketing invention.

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HR company loses fight with tax office after paying debt with wrong EFT number
Tax 2020-10-06 9:36 pm By Christine Caulfield

The director of a defunct HR company has lost his bid to avoid paying a $384,000 tax bill after hundreds of thousands of dollars were sent to the tax office via the wrong EFT number and used to repay other debts the company owed.

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Michael Kodari can’t overturn $150,000 judgment for sacked bodyguard who sought legal advice
Employment 2020-10-02 3:49 pm By Miklos Bolza

Investment whiz Michael Kodari has lost his appeal of a $151,000 judgment awarded in favour of his former bodyguard, who lost his job — and his company Maserati — after wanting to seek legal advice about a new employment contract.

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Banksia judge to hear case against lawyer Alex Elliott after appeals court nixes recusal bid
Appeals 2020-10-02 1:54 pm By Christine Caulfield

An appeals court has dismissed a second bid by lawyer Alex Elliott to have the judge overseeing the Banksia class action disqualified from hearing claims that he, like his late father, was party to an alleged fraudulent scheme in running the litigation.

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Boehringer appeals failed opposition to Zoetis patents
Intellectual Property 2020-09-21 3:11 pm By Cat Fredenburgh

German drug maker Boehringer has launched a Federal Court fight against rival Zoetis after coming up short in its opposition to two Zoetis patents for pig vaccine-related inventions.

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Common fund orders under attack again in Takata airbags class action
Class Actions 2020-09-16 2:47 pm By Alison Eveleigh

Common fund orders are again under scrutiny in a class action which was at the centre of the High Court’s decision to strike down the orders, with a NSW Supreme Court judge sending back to the appeals court the question of whether the orders can be made at settlement.

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FWC ‘misconstrued’ general protections authority, Full Court says in win for Coles
Employment 2020-09-14 6:00 pm By Christine Caulfield

A landmark judgment by the Full Federal Court has found that a full bench of the Fair Work Commission “misconstrued” its own authority to make general protections findings about the dismissal of employees.

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