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CUB can’t shield info in brewing privilege fight with ATO
Tax 2021-02-02 5:11 pm By Spencer Fowler Steen

A judge has ordered Carlton United Breweries, maker of iconic Australian beers Victoria Bitter and Carlton Draught, to hand over information to the Commissioner of Taxation relating to an audit of the beer giant.

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Judge finds Spain not immune from enforcement of $375M arbitration awards
Arbitration 2021-02-02 5:10 pm By Miklos Bolza

The Full Federal Court has granted a limited appeal in the Kingdom of Spain’s challenge to a judgment enforcing a $375 million arbitration award over two renewable energy investments, ordering a redrafting of the primary judge’s orders but rejecting claims that Spain was immune as a foreign state from enforcement of the award.

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Horse vaccine class action trial will raise ‘timely’ safety questions, court hears
Class Actions 2021-02-02 4:12 pm By Miklos Bolza

An upcoming class action trial over alleged side effects resulting from the Hendra virus horse vaccine, which will commence shortly after a COVID-19 vaccine is rolled out in Australia, will raise “timely” issues concerning vaccine safety, a judge has heard.

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Race car driver Max Twigg appeals ruling he misappropriated $100M from family trust fund
Sports 2021-02-02 2:52 pm By Spencer Fowler Steen

Race car driver and former owner of the famed Byron Bay Hotel, Max Twigg, has launched an appeal of a ruling that he misappropriated around $100 million in family trust money and took steps to conceal the transfer of funds from his mother.

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Monster Energy challenges loss of ‘Motherland’ trade mark
Intellectual Property 2021-02-02 2:34 pm By Cat Fredenburgh

Monster Energy, which makes Mother brand energy drinks, has appealed a ruling from IP Australia that granted rival caffeinated beverage maker Vittoria Food & Beverage’s application for the removal of Monster’s ‘Motherland’ trade mark for non-use.

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ATO secures $138M settlement with Isreal Discount Bank in Binetter family tax fraud case
Tax 2021-02-01 10:39 pm By Christine Caulfield

The Australian Taxation Office has reached a $138 million settlement in proceedings against Israel Discount Bank, the last remaining defendant in a long-running case over an alleged international tax evasion scheme involving the Binetter family, founders of Nudie Juice.

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Judge was wrong to ignore pelvic mesh doctors, J&J says in high-stakes appeal
Appeals 2021-02-01 6:53 pm By Miklos Bolza

The judge who found J&J’s pelvic mesh implants defective in a high stakes class action ruling mde a “pervasive error” in disregarding the knowledge and views of the applicants’ doctors, an appeals court has heard. 

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Computer-implemented invention fails again to pass patent test
Intellectual Property 2021-02-01 3:35 pm By Spencer Fowler Steen

The Federal Court has once again sided with the Commissioner of Patents in a challenge to a ruling that patents for a computer-implemented invention did not describe a manner of manufacture and should be revoked.

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AMA Group’s Andrew Hopkins steps down as CEO, drops court action
Employment 2021-02-01 11:01 am By Spencer Fowler Steen

Andrew Hopkins has resigned from his position as group CEO of automotive repair firm AMA and has discontinued his lawsuit against the company despite a Federal Court injunction barring his dismissal amid allegations of fraud.

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Concerns about courts wading into funding commission rates ‘exaggerated’, judge says
Class Actions 2021-01-29 10:08 pm By Christine Caulfield

Concerns behind criticism that courts aren’t equipped to assess a class action funder’s commission are exaggerated, and the fixing by judges of reasonable remuneration, at least in other cases, is nothing new, a Federal Court judge has said.

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