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High Court to hear ATO test case over trust income disclaimers
Tax 2021-04-20 3:16 pm By Miklos Bolza

The High Court has granted special leave in a test case by the Australian Taxation Office concerning the effectiveness of disclaimers by trust beneficiaries giving up entitlements to trust income and any associated tax obligations.

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Solomon Lew’s retail giant The Just Group sued for $3.4M in unpaid rent
Real Estate 2021-04-20 1:28 pm By Miklos Bolza

Australian investment management group Fortius Funds Management has taken retail giant The Just Group to court seeking millions of dollars in allegedly unpaid rent for four stores in Sydney’s MidCity Shopping Centre.

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Culture of Victorian courts ‘normalises’ sexual harassment, report finds
Courts 2021-04-19 1:18 pm By Christine Caulfield

A review of sexual harassment in Victorian courts sparked by the findings of an investigation into former High Court Justice Dyson Heydon has found a culture that can “normalise or ignore” bad behaviour by judges and others, with more than two dozen court staff reporting they had experienced sexual harassment, many on numerous occasions.

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Fate of Victoria lockdown class action uncertain after lawyer’s licence suspended
Class Actions 2021-04-16 10:46 pm By Cat Fredenburgh

The lawyer who filed a class action against the state of Victoria on behalf of residents in public housing towers who were locked down during the state’s second COVID-19 wave has had her licence suspended, raising questions about the fate of the class action.

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High Court won’t hear Queensland taxi drivers’ ‘fanciful’ case over Uber losses
High Court 2021-04-15 10:52 pm By Cat Fredenburgh

The High Court has denied special leave to a group of Queensland taxi drivers seeking compensation from the state for losses allegedly caused by ride sharing services like Uber, in a lawsuit a judge described as “fanciful”.

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Telstra denied special leave in legal stoush with cities over smart payphone installation
Telecommunications 2021-04-15 10:08 pm By Christine Caulfield

Telstra has failed in its appeal to the High Court to hear its battle with Melbourne, Sydney and Brisbane over the planned upgrade of its payphone network across Australia.

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QBE Insurance files COVID-19 business interruption test case
COVID-19 2021-04-15 9:15 pm By Cindy Cameronne

Insurance giant QBE Insurance Australia has launched a COVID-19 business interruption test case in the Federal Court, following a landmark loss for insurers in the NSW Court of Appeal that could cost them $10 billion.

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Legal spat over Virgin’s leased airplane engines heads to High Court
High Court 2021-04-13 11:59 am By Miklos Bolza

The High Court has granted special leave to hear a first-of-its-kind dispute over a number of airplane engines leased by the beleaguered Virgin Airlines, which may result in the airline’s administrators using company funds to cover the costs of shipping the engines back to Florida.

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ASIC ordered to clarify first COVID-19 case against ClearLoans
Financial Services 2021-04-12 10:11 pm By Cindy Cameronne

A judge has ordered ASIC to provide more detail in its case accusing personal lender ClearLoans of contravening the hardship provisions of the credit laws, in the regulator’s first case related to the COVID-19 pandemic.

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Johnson & Johnson asks High Court to review landmark pelvic mesh ruling
Product Liability 2021-04-09 2:29 pm By Cat Fredenburgh

A Johnson & Johnson unit wants the High Court to review the Full Federal Court’s rejection of its challenge to a landmark class action ruling that found the company’s pelvic mesh implants were defective and that it failed to adequately warn about their risks.

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