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Boral wins challenge to CEO cross-examination in class actions
Class Actions 2024-12-18 4:43 pm By Cindy Cameronne

Boral has won a legal challenge to its former CEO facing cross-examination in a shareholder class action trial over an email referring to a confidential EY report.Ā 

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ATO, PepsiCo fight over royalty withholding tax goes to High Court
Tax 2024-11-08 11:06 pm By Cat Fredenburgh

The ATO has won the nod from the High Court to appeal a finding that a royalty withholding tax did not apply to payments from Schweppes to PepsiCo under agreements to sell brands like Pepsi and Gatorade in Australia.

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Ex-Demons chairman can re-file defamation case against senior club officials
Defamation 2024-08-16 1:38 pm By Andy Sidler

Former Melbourne Demons chairman Glen Bartlett has been given the green light to relaunch a defamation case against the AFL club’s president and other senior officials after discontinuing proceedings that were transferred from his home state of Western Australia to Victoria.

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Full Court finds bottling agreement payments to PepsiCo’s not taxable royalties
Tax 2024-06-26 11:39 pm By Cindy Cameronne

In a loss for the Australian Taxation Office, the Full Federal Court has found that payments made by Asahi Breweries-owned Schweppes to PepsiCo under agreements to sell brands such as Pepsi and Mountain DewĀ in Australia were not subject to a royalty withholding tax.Ā 

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Firefighters union fails on appeal in spat with Fire Rescue Victoria
Appeals 2024-06-20 11:03 pm By Andy Sidler

The United Firefighters Union has lost an appeal of two Fair Work Commission decisions, with the Full Federal Court finding that a commissioner did not err in deciding the matter at a later time.

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Environmental laws ā€˜ill-suitedā€™ to dealing with threat of climate change, Full Court says
Environment 2024-05-16 11:52 pm By Cindy Cameronne

An appeals court has dismissed an environmental advocacy groupā€™s challenge to the extension of two Mach Energy and Whitehaven Coal mega coal mines in NSW, saying the current environmental laws are ā€œill-suitedā€ to dealing with the global threat of climate change.Ā 

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ATO’s ‘all or nothing’ approach to key tax law provision rejected by court
Tax 2024-05-06 11:59 am By Sam Matthews

The ATO has lost its appeal of a tribunal decision in favour of Perth land developer Tina Bazzo, with the court rejecting its ā€œall or nothingā€ approach to a key provision of the Taxation Administration Act.

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Full Court awards $24.5M commission to 7-Eleven class action funder
Appeals 2024-05-02 3:33 pm By Sam Matthews

The Full Federal Court has found the court’s recently-affirmed power to make common fund orders at settlement means the litigation funder that backed two class actions against 7-Eleven is entitled to a $24.5 million cut from a $98 million settlement, in a decision that slammed the parties for a settlement approval process that “went off the rails”, costing group members $2.5 million.

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Liberty Groupā€™s ā€˜trust siloā€™ not used to avoid tax on $98M, appeals court finds
Tax 2024-03-27 10:28 pm By Cindy Cameronne

In a loss for the Australian Taxation Office, an appeals court has found that the Liberty Groupā€™s use of corporate and trust ā€˜silosā€™ was not an unlawful tax avoidance scheme.

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SingTel loses appeal in ATO case over deductions on $14B Optus acquisition
Tax 2024-03-08 10:18 pm By Sam Matthews

Telecommunications giant SingTel has lost its challenge a ruling in favour of the ATOā€™s decision to reject over $894,000 in tax deductions related to its $14.2 billion acquisition of Optus.

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