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ATO asks High Court to reverse PepsiCo’s win on royalty withholding tax
Intellectual Property 2024-08-09 11:41 pm By Sam Matthews

The tax office has asked the High Court to overturn a decision which found that payments made by Asahi Breweries-owned Schweppes to PepsiCo under agreements to sell brands such as Pepsi and Mountain Dew in Australia were not subject to a royalty withholding tax. 

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Judge reluctant to allow startup to cross-examine Fortescue’s IP lawyer
Intellectual Property 2024-08-08 11:24 pm By Sam Matthews

A judge appears reluctant to allow Element Zero to cross-examine an external lawyer hired by mining company Fortescue over alleged “egregious material non-disclosure” during Fortescue’s bid for “extreme and unorthodox” search orders against the green startup’s founders.

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Element Zero’s timeline for green iron prototype suspect, Fortescue engineer tells court
Intellectual Property 2024-08-07 11:25 pm By Christine Caulfield

It would only have been possible for start-up Element Zero to deliver an operational green iron prototype in two years with its assumed funding with the help of a “substantial amount of information” on how the project should progress, metals giant Fortescue claims.

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Secure Parking to pay $10.95M penalty for misleading car reservation service
Competition & Consumer Protection 2024-08-08 11:23 am By Cat Fredenburgh

Car park operator Secure Parking has been hit with a $10.95 million penalty for misleading consumers in major cities about its car reservation service, causing them to be late or miss appointments and work commitments entirely.

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Mercer Super hit with $11.3M penalty in first ASIC greenwashing case
Environment 2024-08-02 1:57 pm By Sam Matthews

A judge has ordered Mercer Superannuation to pay $11.3 million for “reckless, if not deliberate” representations about so-called sustainable investment options that included investment in oil and gas companies, including BHP and Origin Energy. 

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Fortescue resists startup’s attempt to cross-examine IP lawyer in search order fight
Intellectual Property 2024-08-01 2:19 pm By Cindy Cameronne

Mining company Fortescue, which alleges green iron startup Element Zero misused confidential information, is fighting a bid to cross-examine its external lawyer as part of an application to quash search orders.

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CrowdStrike outage to spark slew of complex courtroom fights, lawyers say
Feature 2024-07-29 11:25 pm By Sam Matthews

Experts say the chaos of last month’s CrowdStrike outage is likely to spark a flurry of litigation both overseas and at home, including class actions, but lawyers bringing the claims will face significant hurdles.

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Former OnePath chair ‘not cooperating’ in ANZ class action, court told
Class Actions 2024-07-23 1:59 pm By Cindy Cameronne

The ex-chair of former ANZ unit OnePath “has not been cooperating” in a class action alleging it breached its duties as a trustee of superannuation funds by slugging members with excessive fees to pay commissions to financial advisers, a court has heard. 

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Amex hit with $8M penalty in first ever case over DDO breaches
Financial Services 2024-07-19 1:58 pm By Cindy Cameronne

A judge has ordered credit card giant American Express to pay $8 million in ASIC’s first-ever case over design and distribution obligations, but has criticised the recently enacted provisions as being “poorly drafted”. 

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Fortescue accused of ‘extraordinary invasion of privacy’ of start-up trio
Intellectual Property 2024-07-12 11:15 pm By Christine Caulfield

Seeking to quash search orders won by metals company Fortescue against former employees who founded a green iron rival, a lawyer for the start-up has said three terabytes of data were indiscriminately copied, including confidential, privileged and irrelevant material.

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