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‘Bad luck’: Judge denies penniless Captain Cook College’s appeal delay bid
Competition & Consumer Protection 2022-04-05 8:59 pm By Sam Matthews

A judge has rejected an application by training provider Captain Cook College to postpone the hearing of its appeal in a case won by the ACCC, saying the company’s inability to fund the appeal was “largely a problem of [its] own making.”

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Opal Tower engineer takes insurers to court over class action coverage
Insurance 2022-03-30 1:50 pm By Cat Fredenburgh

The structural engineer behind Sydney’s Opal Tower has taken builder Icon’s insurers to court, arguing they should cover its costs in a class action brought on behalf of residents of the ill-fated building and related litigation.

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ATO hits back at Pepsico lawsuit over Schweppes bottling payments
Tax 2022-03-25 9:31 pm By Miklos Bolza

A notice issued to Pepsico demanding royalty withholding tax over bottling payments made by Schweppes correctly notified the soft drink giant of its tax liability, the Australian Taxation Office has said.

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Court appoints contradictor in class action funder’s challenge to MIS rules
Class Actions 2022-03-22 3:59 pm By Miklos Bolza

The Full Federal Court has appointed a contradictor to “take up the cudgels” against funder Litigation Capital Management, which has challenged a judgment refusing to find that a class action filed against Queensland electricity operators was not a managed investment scheme.

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High Court grants Western Power special leave in bushfire class action
High Court 2022-03-22 2:17 pm By Miklos Bolza

The High Court will hear a challenge by Western Power to an appeals court judgment which found that the state-owned electricity supplier breached its duty of care to inspect power poles on private land and was partly liable for property damage from the 2014 Perth Hills bushfire.

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Full Court deals drug companies a blow on patent term extensions
Intellectual Property 2022-03-18 10:27 pm By Miklos Bolza

The Full Court has upheld two judgments that shortened patent term extensions granted to Merck Sharpe & Dohme and Ono Pharmaceuticals, finding the extension regime cannot be construed as achieving a “commercial outcome for a patentee”.

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Ousted MinterEllison boss appointed CEO of Victorian gaming authority
Gaming 2022-03-17 10:33 pm By Sam Matthews

The Victorian Gambling and Casino Control Commission has appointed former MinterEllison managing partner Annette Kimmitt as CEO after an “extensive” recruitment process, a year to the month after she was shown the door at the Big 6 firm for her controversial staff emails about a partner’s work for then Attorney-General Christian Porter. 

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Fitness chain F45 tries to revive patents for computerised workout system
Intellectual Property 2022-03-16 5:29 pm By Sam Matthews

National fitness chain F45 has appealed a court decision revoking two of its patents for a computer-run trainer workout system, arguing its system constituted a technological innovation in the field of fitness studio franchising which rival Body Fit has profited from.

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US bank boss Peter Schiff endorsed tax evasion, Nine says in defamation defence
Defamation 2022-03-14 6:13 pm By Miklos Bolza

Nine Network has hit back at a defamation lawsuit filed by the CEO and founder of Euro Pacific Bank, Peter Schiff, arguing that he knowingly endorsed tax evasion and attracted criminals by situating the bank in “notorious” locations with lax reporting requirements.

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Westpac stalls on extradition of Forum Finance’s Bill Papas
White Collar 2022-03-10 5:17 pm By Miklos Bolza

Westpac has yet to commence extradition proceedings against Forum Finance director Bill Papas due to concerns that the alleged fraudster may face only contempt charges if he is brought back to Australia prematurely.

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