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ASIC can’t duck case by G8 Education’s ex-chair over alleged unlawful examination
White Collar 2022-05-03 5:49 pm By Sam Matthews

ASIC has lost a bid to dismiss former G8 Education chair Jennifer Hutson’s application seeking declarations that she was unlawfully examined by the regulator over the company’s $162 million hostile takeover bid for Affinity Education Group.

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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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Aurizon wins share capital dispute over $4.4B loan during 2010 float
Tax 2022-04-13 3:09 pm By Miklos Bolza

Rail freight operator Aurizon has triumphed in a tax dispute with the ATO, with a court finding that credit for a $4.4 billion loan by the Queensland government made during an initial public offering in 2010 was share capital despite no shares being issued to the state government.

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Teens won’t take climate change class action to High Court
Environment 2022-04-12 3:21 pm By Miklos Bolza

An appeals court’s finding that the federal government does not owe a duty of care to Australian kids to protect them from the effects of climate change will stand after the lead applicants declined to take the matter to the High Court.

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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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High Court deals blow to trust beneficiaries in victory for ATO
Tax 2022-04-06 5:43 pm By Cindy Cameronne

The ATO has won a legal challenge over when it can claim tax from trust income, with the High Court finding beneficiaries cannot “retrospectively expunge” their entitlements to the proceeds of a trust despite the potential “unfairness” this creates.

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Mercedes-Benz to argue Takata airbags recall was invalid
Competition & Consumer Protection 2022-04-01 1:39 pm By Cat Fredenburgh

Mercedes-Benz will defend ACCC proceedings alleging it exposed consumers to serious injury or death by failing to comply with obligations under a compulsory recall of potentially deadly Takata airbags by arguing the recall was invalid.

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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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Law firm’s bill for distributing Robodebt class action settlement cut by $1M
Class Actions 2022-03-24 1:01 pm By Christine Caulfield

A judge has ordered that $1.27 million be set aside to cover the costs of the law firm administering the settlement in the class action over the federal government’s Robodebt scheme, cutting about $1 million from the figure sought.

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