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Landmark ruling to upend tax office’s practice of treating UPEs as loans
Tax 2025-02-20 11:56 pm By Sam Matthews

An appeals court has found that an unpaid present entitlement to a corporate beneficiary is not a loan under tax law, upending the ATOā€™s longstanding practice of treating UPEs as part of a trustee’s assessable income.

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Full Court cites ‘wider relevance’ of copy and paste judgment
Business of Law 2024-11-15 11:57 pm By Cat Fredenburgh

The Full Court has granted a bid for a costs certificate by a former Atanaskovic Hartnell general manager whose win in an employment suit was overturned due to a judge’s “uncritical copying and pasting” of submissions.

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Judge’s ‘uncritical copying and pasting’ of submissions wins the day for law firm
Courts 2024-11-01 12:05 pm By Cindy Cameronne

An appeals court has set aside a $160,000 judgment against Sydney law firm Atanaskovic Hartnell after finding a ā€œtime poorā€ trial judge had copied and pasted submissions in key parts of his ruling.

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Atanaskovic Hartnell wins appeal of ‘campaign of denigration’ ruling
Appeals 2024-10-31 12:30 pm By Cindy Cameronne

An appeals court has set aside a $160,000 judgment against Sydney law firm Atanaskovic Hartnell, overturning a finding that a founding partner engaged in a “campaign of denigration” against a former general manager.

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Former MP Andrew Lamingā€™s penalty doubled for breaching electoral laws with Facebook posts
Politics 2024-08-23 11:58 pm By Cindy Cameronne

Former Liberal MP Andrew Laming has been hit with a $40,000 fine for failing to disclose that he was behind three politically motivated Facebook posts in 2018 and 2019.

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Judge says colleague’s recusal decision in Sunshine Loans case ‘most unusual’
Appeals 2024-08-06 11:08 pm By Andy Sidler

The Full Court is set to weigh in on whether judges who make adverse findings on credibility during the liability phase of a hearing should recuse themselves from determining penalty, an issue which a judge has said may require a new court protocol.

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Scrapped Chorley exception should not be revived based on law firm size, Full Court says
Business of Law 2024-07-16 11:11 pm By Cindy Cameronne

An incorporated legal practice has lost its bid to recover costs for work done by its own solicitors while self-represented in a dispute with a former client, with the Full Federal Court finding that making an exception based on firm size would ā€œrevive an inequality before the lawā€.

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Founders of streetwear retailer City Beach win $52M fight with ATO
Tax 2024-06-07 11:24 pm By Sam Matthews

The founders of streetwear retailer City Beach have won a fight with the ATO over the taxation of a $52 million disposal of pre-capital gains tax assets.

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‘Industrial scale misuse’: Fortescue sues former exec’s green iron start-up Element Zero
Intellectual Property 2024-06-05 10:09 pm By Cindy Cameronne

Fortescue has brought legal action against start-up Element Zero and three former employees, alleging ā€œindustrial scale misuseā€ of the Western Australian mining company’s confidential information.

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High Court won’t touch ruling on backdated wage increases
Employment 2024-03-12 11:53 pm By Christine Caulfield

A special leave application by the Catholic diocese fighting to overturn a Full Federal Court judgment that two school teachers were entitled to backdated pay rises has failed.

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