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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 “all or nothing” 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 Group’s ‘trust silo’ 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 Group’s use of corporate and trust ‘silos’ 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 ATO’s decision to reject over $894,000 in tax deductions related to its $14.2 billion acquisition of Optus.

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7-Eleven class action funder’s $12M cut seemed ‘plainly too little’, says appeals judge
Appeals 2024-02-23 4:21 pm By Cindy Cameronne

A judge hearing an appeal by a funder over its cut of a $98 million settlement in franchisee class actions against 7-Eleven has said the $12 million commission was “plainly too little”, and questioned if the class action judge had been “stuck” on the idea that common fund orders are bad. 

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Net emissions from Mount Pleasant mega coal mine project not the point, appeals court told
Energy & Natural Resources 2024-02-12 11:59 pm By Cindy Cameronne

Federal environment minister Tanya Plibersek wrongly focused on the net effect of approving an application by MACH Energy and Whitehaven Coal to extend two mega coal mines in New South Wales, an advocacy group has told an appeals court.

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Insurers appeal ruling putting them on hook for Opal Tower class action costs
Appeals 2023-11-29 11:27 pm By Cat Fredenburgh

The Full Court will weigh in on whether Opal Tower engineer WSP was excluded from builder Icon’s policy coverage for subcontractors and should cover it own class action costs.

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High Court grants special leave in Toyota class action
High Court 2023-11-17 10:05 pm By Cat Fredenburgh

The High Court has agreed to weigh in on how damages for reduction in value should be calculated under the Australian Consumer Law, granted competing special leave applications in a class action against Toyota over defective diesel filters.

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Ford scores partial win in class action appeal over defective PowerShift transmissions
Class Actions 2023-11-14 1:41 pm By Cat Fredenburgh

US car giant Ford has partially succeeded in its challenge to a judgment that found it owed more than $6,800 to the lead applicant in a class action over defective PowerShift transmissions, but the High Court may ultimately decide how damages should be calculated under the Australian Consumer Law for reduction in value.

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Mawhinney’s defamation case against ASIC put on hold
Defamation 2023-10-31 11:44 pm By Cat Fredenburgh

Trial in a defamation suit by Mayfair 101 founder James Mawhinney over a media release issued by ASIC has been pushed off until the outcome of the regulator’s second go against the investment spruiker.

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