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ATO wins appeal over $2.3M Auctus R&D tax refund mistake
Tax 2021-03-23 9:27 pm By Miklos Bolza

The Australian Taxation Office has successfully appealed a Federal Court decision finding it could not recover an R&D tax offset refund of around $2.3 million paid to Auctus Resources despite the payment being made by mistake and the mining company admitting it was not entitled to the money.

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In win for ACCC, Full Court says vulnerability not essential to proving unconscionable conduct
Appeals 2021-03-22 1:39 pm By Miklos Bolza

The Full Federal Court has ruled that unconscionable conduct under the Australian Consumer Law is not confined to exploitation of vulnerable parties, in an “extremely significant” judgment that will extend the reach of the unconscionable conduct provisions and protect a wider swathe of consumers.

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Ben Roberts-Smith’s ex-wife will testify that he lied about matters central to defamation case
Defamation 2021-03-17 2:54 pm By Miklos Bolza

The former wife of war veteran Ben Roberts-Smith will testify at an upcoming hearing that he lied about matters that are “centrally relevant” to his defamation case against three newspapers, a court has heard.

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Can artificial intelligence be named inventor of a patent? Federal Court to rule
Intellectual Property 2021-03-10 5:48 pm By Miklos Bolza

The Federal Court is set to determine whether artificial intelligence can be the inventor of a patent, after an AI pioneer filed a challenge to an IP Australia finding that allowing a machine to be considered an inventor would render the Patents Act incapable of “sensible operation”.

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High Court refuses special leave to Healius in $60M tax refund battle
Tax 2021-03-05 5:59 pm By Christine Caulfield

Health care giant Healius has lost its application to the High Court to challenge a $60 million win for the Australian Taxation Office.

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Judge tosses One Nation staffer’s claims against gov’t in Brian Burston sexual harassment case
Employment 2021-03-05 5:39 pm By Cat Fredenburgh

A judge has dismissed claims brought by a former One Nation staffer against the federal government accusing it of being liable for former senator Brian Burston’s alleged sexual harassment, finding that the terms of her unfair dismissal settlement barred her from bringing sexual harassment allegations againt the Commonwealth.

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Judge ‘not following’ government’s argument backing coal expansion in climate class action
Energy & Natural Resources 2021-03-03 6:23 pm By Spencer Fowler Steen

The Federal Government has argued a class action against the expansion of a northern NSW mine has “conspicuously failed” to show that the emissions would contribute to “catastrophic harm”, but a judge has questioned the Commonwealth’s contention that other countries would be responsible for the emissions.

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Full Court to hear CUB dispute with ATO over 1,500 tax docs
Appeals 2021-03-03 10:10 am By Cat Fredenburgh

Carlton United Breweries has appealed a ruling ordering it to hand over almost 1,500 documents to the Commissioner of Taxation relating to an audit of the beer giant.

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Clough Limited can’t claim $15M in taxes from cancellation of employee entitlements, court rules
Tax 2021-03-02 9:23 pm By Cindy Cameronne

Construction company Clough Limited cannot claim over $15 million paid to employees for cancellation of their shares and options as a tax deduction, with a judge dismissing the Perth-based company’s appeal of a decision from the Commissioner of Taxation.

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Teens’ class action warns of ‘catastrophic harm’ if Whitehaven coal mine approved
Environment 2021-03-02 7:46 pm By Spencer Fowler Steen

Trial kicked off Tuesday in a landmark class action brought by teenagers seeking to halt the expansion of a Whitehaven coal mine in NSW, with the barrister for the teens arguing catastrophe was likely if the expansion was blessed by the Federal Minister for the Environment.

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