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PepsiCo loses dispute with ATO over royalty withholding tax
Tax 2023-12-01 11:57 pm By Cat Fredenburgh

In a victory for the ATO, a judge has found that payments made by Schweppes to PepsiCo as part of a bottling and distribution agreement, which did not expressly provide for payment of a royalty for use of the company’s IP, were royalties and should be taxed accordingly.

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Court OKs 30% GCO for law firm running hotel quarantine class action
Class Actions 2023-11-30 11:27 pm By Cat Fredenburgh

The firm behind a class action over Victoria’s COVID-19 hotel quarantine debacle has won a group costs order providing for a 30 per cent contingency fee, after promising it won’t ask for more down the road.

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Seven must produce emails exchanged with Ben Roberts-Smith’s lawyers
Defamation 2023-11-30 1:33 pm By Cindy Cameronne

An appeals court has refused to set aside subpoenas forcing Seven to produce some of the 8,600 emails it exchanged with Ben Roberts-Smith’s solicitors concerning his failed defamation case over alleged war crimes he committed in Afghanistan.

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Ben Roberts-Smith hit with indemnity costs for failed defamation case
Defamation 2023-11-28 5:30 pm By Cat Fredenburgh

Ben Roberts-Smith has been hit with indemnity costs for his failed defamation case over articles accusing him of war crimes, with a judge agreeing with the publishers that the former SAS corporal knew the allegations were substantially true.

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Mercer Financial hit with $12M penalty for fees-for-no-service conduct
Financial Services 2023-11-23 3:13 pm By Sam Matthews

A judge has ordered wealth manager Mercer Financial Advice to pay a $12 million penalty for “extremely serious” fees-for-no-service conduct and breaches of its fee disclosure obligations, in a case brought by the Australian Securities and Investments Commission. In the case, filed in June last year,  ASIC alleged that Mercer charged 761 customers a total…

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Nine to pay Euro Pacific Bank chief $550,000 in defamation settlement
Defamation 2023-11-21 3:13 pm By Sam Matthews

Nine has agreed to pay Euro Pacific CEO Peter Schiff $550,000 to settle a defamation suit brought over a 60 Minutes report on an international tax evasion investigation, avoiding a contested hearing on the damages bill in the case.

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Nuix failed to disclose disappointing results after $1.8B float, court told
Trials 2023-11-20 9:25 pm By Sam Matthews

Nuix had information in January 2021 which undermined the growth story presented to the market in the prospectus for its IPO, a court has heard on the first day of ASIC’s case against the tech company and a handful of former directors.

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High Court says distress, disappointment compensable under Tenancy Act
High Court 2023-11-01 5:25 pm By Sam Matthews

The High Court has found that tenants can be compensated for distress and disappointment caused by a landlord’s failure to meet a statutory requirement to maintain the security of a property, in a case brought by an elderly tenant from a remote Indigenous community whose house had no back door for over five years.

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ASIC can’t seek penalties against M101 founder James Mawhinney
Financial Services 2023-10-25 9:10 pm By Sam Matthews

A judge has blocked ASIC from running a new case seeking penalties against investment group M101 Nominees and founder James Mawhinney on remittal from the Full Court, after the regulator admitted it made errors at its initial trial.

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Live exports ban class action may face more delays as Full Court hearing flagged
Class Actions 2023-10-18 11:46 pm By Sam Matthews

A judge has balked at the court being asked to examine the internal workings of the Indonesian government in the nine-year old live exports ban class action, flagging a possible Full Court hearing of the matter before damages are finalised.

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