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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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Top cancer institute wins patent for patient-specific vaccine
Intellectual Property 2024-08-09 10:20 pm By Andy Sidler

US-based Dana-Farber Cancer Institute has succeeded in patenting a patient-specific method for developing cancer vaccines using genome sequencing.

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High Court to hear competition cop’s appeal in CFMEU boycott case
Competition & Consumer Protection 2024-08-08 11:51 pm By Christine Caulfield

The High Court has taken up the ACCC’s boycott case against builder J Hutchinson and the controversial construction union, an appeal that gives the court the chance to clarify the standard for proving an anti-competitive arrangement.

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Judge says colleague’s recusal decision in Sunshine Loans case ‘most unusual’
Appeals 2024-08-06 11:08 pm By Andy Sidler

The Full Court is set to weigh in on whether judges who make adverse findings on credibility during the liability phase of a hearing should recuse themselves from determining penalty, an issue which a judge has said may require a new court protocol.

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Judge recuses himself from CFMEU administration case
Employment 2024-08-06 2:11 pm By Sam Matthews

As the Fair Work Commission takes its plan to appoint an administrator to the construction division of the CFMEU to court, a judge has recused himself from hearing the case after acting against the union while at the bar. 

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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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Asiago producers’ arguments against Sartori cheese trade mark stink, delegate finds
Intellectual Property 2024-08-06 11:38 pm By Sam Matthews

IP Australia has rejected an Italian cheese lobby’s bid to block an American cheese maker from using a trade mark containing the word ‘asiago’, saying there was “very little evidence” Australians were aware of the cheese at all.

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In boon for class action, judge finds Noumi’s shares traded at inflated price
Securities 2024-08-05 10:08 pm By Cat Fredenburgh

A judge has signed off on an agreed-to $5 million penalty against Noumi in ASIC proceedings for violating its continuous disclosure obligations and found the food company’s non-disclosures caused it shares to trade at an inflated price.

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Sushi Bay cops $15M penalty for ‘shameless’ bid to conceal underpayments
Employment 2024-08-05 11:33 pm By Andy Sidler

Now-defunct sushi chain Sushi Bay has been slapped with penalties totalling more than $15 million, with a court calling its long history of staff underpayments “calculated” and “audacious”.

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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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