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ATO takes aim at ‘reckless’ legal professional privilege claims
Legal Ethics 2022-06-22 10:25 pm By Cat Fredenburgh

The Australian Taxation Office has finalised its protocol for dealing with claims of legal professional privilege, developed in response to large companies asserting “reckless” privilege claims which the ATO says obstruct its investigations.

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In tossing inventor’s IP challenge, Full Court says essential oil a ‘staple commercial product’
Intellectual Property 2022-05-27 10:41 pm By Cindy Cameronne

The Full Federal Court has rejected an Australian inventor’s appeal of a ruling that found three manufacturers of essential oil products did not infringe his patent because the oil was a “staple commercial product”.

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Labor wins court order for removal of ‘fake’ Greens election signs
Courts 2022-05-20 1:30 pm By Cat Fredenburgh

The Australian Labor Party has won an emergency court order for the removal of allegedly misleading how-to-vote signs at polling stations in the closely watched race in the Melbourne electorate of Higgins.

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Full Court shoots down Boehringer opposition to Merck Sharp & Dohme’s parasite patent
Intellectual Property 2022-05-19 3:38 pm By Cat Fredenburgh

The Full Federal Court has rejected German drug maker Boehringer Ingelheim’s appeal of ruling that shot down its opposition to Merck Sharp & Dohme’s patent application for an injectable anti-parasite drug for livestock.

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Trivago hit with $44.7M penalty for ‘highly misleading’ hotel deals
Competition & Consumer Protection 2022-04-22 10:49 am By Cat Fredenburgh

A judge has slapped Trivago with $44.7 million in penalties for a “startlingly misleading” rankings system used on its travel comparison website from which it reaped $53 million.

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SingTel appeals ATO win over deductions on $14B Optus buy
Tax 2022-04-22 10:11 pm By Christine Caulfield

Telecommunications giant SingTel is challenging a ruling in favour of the Australian Taxation Office’s decision to reject over $894,000 in tax deductions related to its $14.2 billion acquisition of Optus.

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Judge erred in finding AI can be patent inventor, Full Court says
Intellectual Property 2022-04-14 3:39 pm By Miklos Bolza

The Full Court has overturned a landmark judgment which found artificial intelligence can be named as an inventor on patent applications, in a decision which brings Australia in line with findings from courts in the UK, US and EU.

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Novartis can’t appeal loss of experts in MS drug patent feud with Pharmacor
Intellectual Property 2022-04-07 12:29 pm By Christine Caulfield

The Full Federal Court won’t give Swiss pharmaceuticals giant Novartis the chance to appeal a ruling that threw out three of its four experts in a patent case against generic drug maker Pharmacor.

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PwC can’t ‘rout’ documents through ‘postbox’ lawyer to secure privilege, court finds
Tax 2022-04-06 5:52 pm By Miklos Bolza

Advice from non-lawyers and “routed” through a legal practitioner at multidisciplinary partnership PricewaterhouseCoopers cannot be shielded under legal professional privilege, the Federal Court has found.

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PwC can’t claim privilege over all advice to JBS, judge finds
Tax 2022-03-25 10:57 am By Miklos Bolza

A judge has rejected the Australian Taxation Office’s claim that legal professional privilege does not apply to any communications between PricewaterhouseCoopers and its client, meat processor JBS, but has found that many of the reviewed documents do not satisfy the test of privilege.

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