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ATO wins appeal in $60M tax dispute with Healius
Tax 2020-10-12 6:46 pm By Cat Fredenburgh

The Australian Taxation Office has secured a Full Federal Court victory in its $60 million tax battle with Healius, overturning a ruling that found the healthcare company could claw back a multi-million dollar tax refund.

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AMP hits back at class action, says buy-out policy changes needed to avoid ‘BOLR run’
AMP 2020-10-12 2:13 pm By Christine Caulfield

Changes to AMP’s buyer of last resort policy that reduced the multiple by which the wealth management firm would purchase advisers’ client registers was necessary to protect the business from a ‘BOLR run’, a court had been told.

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Delegate deflates Ann Taylor’s opposition to Nike’s ‘Aeroloft’ trade mark
Intellectual Property 2020-10-12 1:13 pm By Cat Fredenburgh

US women’s clothing retailer Ann Taylor has come up short in its opposition to Nike’s bid to register the ‘Aeoroloft’ mark for its brand of lightweight fitness apparel, with an IP Australia finding the mark is not deceptively similar to Ann Taylor’s ‘Loft’ mark.

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Merck Sharp & Dohme drops lawsuit over Januvia patent
Intellectual Property 2020-10-09 2:25 pm By Cat Fredenburgh

Merck Sharp & Dohme has dropped a lawsuit brought against a unit of Indian generic manufacturer Lupin for allegedly threatening to infringe the patent for its multibillion-dollar diabetes drugs Januvia and Janumet.

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‘The Ben Hur of cartel class actions’: Rate-rigging case comes under attack
Competition & Consumer Protection 2020-10-08 6:37 pm By Miklos Bolza

Five investment banks facing a class action for their alleged rigging of foreign exchange rates have slammed the “unclear” and “incredibly vague” case, saying it contains “literally trillions” of possible variations of the cartel agreement allegedly entered into.

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Queensland flood dam operator wants info behind Maurice Blackburn’s damages claim
Class Actions 2020-10-06 12:31 pm By Miklos Bolza

Dam operator Sunwater wants evidence from Maurice Blackburn, the law firm behind the landmark Queensland flood class action, showing how the applicant will calculate aggregate damages for around 6,800 group members.

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Facebook tries again to dodge privacy lawsuit in Australia
Privacy & Cybersecurity 2020-09-29 1:04 pm By Cat Fredenburgh

Facebook will press on with its argument that it can’t be sued in Australia by the country’s privacy commissioner for alleged disclosure of users’ personal data, after a judge found there was enough evidence the social media giant conducted business in the country by installing and operating cookies on the devices of Australia users.

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Insurers slam The Star’s ‘misconceived’ COVID-19 coverage case
Insurance 2020-09-28 2:51 pm By Christine Caulfield

COVID-19 was clearly excluded from the business interruption insurance policy taken out by The Star, and a lawsuit seeking coverage for economic loss resulting from the pandemic was “misconceived”, a group of insurers has said.

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‘Strained and fanciful’: Court tosses Telstra suit over Optus’ ‘more than ever before’ ads
Competition & Consumer Protection 2020-09-25 1:52 pm By Cat Fredenburgh

Telstra has suffered a defeat in its lawsuit accusing competitor Singtel Optus of violating consumer laws with ads claiming it is “covering more of Australia than ever before”, with a judge calling Telstra’s allegations that the ads implied a comparison with other telcos “strained and fanciful”.

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Facebook can’t escape privacy action with jurisdiction argument
Privacy & Cybersecurity 2020-09-14 2:33 pm By Christine Caulfield

Facebook’s argument that it can’t be sued by the privacy commissioner in Australia has fallen flat, with a judge rejecting the social media giant’s application to dismiss enforcement action brought in March over the disclosure of users’ personal data.

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