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BHP wins bid for High Court intervention in $82M fight with tax office
Tax 2019-05-15 10:42 pm By Christine Caulfield

The High Court has agreed to take up an appeal by mining giant BHP Group Limited in its battle with the Australian Tax Office over an $82M tax bill.

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Common fund orders on shaky ground as High Court grants special leave to Westpac, BMW
Analysis 2019-05-15 9:58 pm By Christine Caulfield

The writing may be on the wall for common fund orders in class actions that put all unregistered group members on the hook for a litigation funder’s commission, after the High Court agreed Wednesday to take up landmark challenges by Westpac and BMW, experts say.

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Class actions still loom as ASIC drops probe into Blue Sky
Class Actions 2019-05-15 9:28 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has dropped its probe into Blue Sky over possible violations of its continuous disclosure obligations, but the fund manager still faces three active shareholder class action investigations.

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ACCC loses court challenge to Pacific National, Aurizon terminal deal
Competition & Consumer Protection 2019-05-15 9:09 pm By Amelia Birnie

The Australian Competition and Consumer Commission has suffered a major defeat in its challenge to Pacific National’s proposed $205 million acquisition of competitor Aurizon’s Queensland freight terminal, with a judge saying he was appeased by a last-minute promise from Pacific that it would not block third parties from accessing the terminal.

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‘Loose with the truth’ broker wins High Court challenge to ASIC ban
Appeals 2019-05-15 4:32 pm By Miklos Bolza

The High Court has upheld an appeal by a mortgage broker with a history of run-ins with the law, finding that the Administrative Appeals Tribunal could not take spent convictions into account when reviewing ASIC ban orders.

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Lachlan Murdoch’s Nova wins fight with Huawei over Aussie trade mark
Intellectual Property 2019-05-15 4:14 pm By Miklos Bolza

IP Australia has rejected an application by Huawei Technologies to register the trade mark Nova after a challenge by radio giant Nova Entertainment, with a delegate finding the Chinese telecommunications company had failed to prove its intention to use the mark.

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ICOS drops second patent dispute over erectile dysfunction drug
Intellectual Property 2019-05-15 12:41 pm By Amelia Birnie

US biotechnology company ICOS has settled a dispute with Australian-based Arrow Pharma over the patents for erectile dysfunction drug Cialis, less than 12 months after a court upheld the validity of the patents in a separate case.

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High Court to hear challenge to common fund orders in class actions
Appeals 2019-05-15 12:19 pm By Christine Caulfield

The High Court has granted applications by Westpac and BMW to weigh in on the validity of common fund orders made in class actions, a decision that could have major ramifications for the way representative proceedings are funded.

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Irrigators bring $830M class action against Murray-Darling Basin Authority
Class Actions 2019-05-14 10:45 pm By Christine Caulfield

Irrigators in Australia’s South East have launched a class action against the Murray-Darling Basin Authority claiming its mismanagement of the river system caused up to $830 million in losses.

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ASIC wants Merlin Diamonds wound up over $13M in unauthorised loans
Restructuring & Insolvency 2019-05-14 10:25 pm By Cat Fredenburgh

The Australian Securities and Investments Commission wants ASX-listed diamond mining company Merlin Diamonds wound up, expressing concerns about the company’s solvency and over $13 million in loans made to companies associated with Merlin’s director, Joseph Gutnick, without shareholder approval.

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