Judgment

The ATO has lost its appeal of a ruling that put it on the hook for $35 million after a judge found it received millions misappropriated by a former Kupang Resources director in order to satisfy a tax debt against him. 

HWL Ebsworth has lost its bid to summarily dismiss a former partner’s case alleging the firm unlawfully discriminated against him on the basis of age when it expelled him from the partnership.

There is a time for everything, as Ecclesiastes says, but who has time for class actions that plead everything and the kitchen sink, a vexed judge wants to know, calling on litigants to home in on the real contest in their cases.

A contractor on a project in the Pilbara has lost its bid for a $1.5 million freezing order against a subcontractor, with a judge finding no evidence it would be unable to satisfy any future judgment related to their payments dispute.

A judge has ruled that building materials giant Boral breached its continuous disclosure obligations, in a win for a class action, but will wait on the High Court's ruling in cases against CBA before deciding whether shareholders have established damages.

ASIC has won its case alleging health and beauty giant McPherson’s breached its continuous disclosure obligations and engaged in misleading or deceptive conduct by failing to update the market sooner about declining sales forecasts for its Dr LeWinn's skincare line.

A judge has rejected India's bid to register the word 'basmati' as a mark of geographical indication, saying the rice certified by the country could not be distinguished from rice of the same type grown in Pakistan.

Carlisle Homes has lost its bid to have a $3 million fee dispute with Lander & Rogers dealt with by the Costs Court, with a judge finding the court doesn't have jurisdiction over the matter. 

X Corp has won a dispute with the eSafety Commissioner, with a judge finding it is is not required to comply with a new online safety standard for messaging apps because it already follows rules for social media companies.

Fiducian Investment Management has copped a $7.3 million penalty after admitting that it made misleading representations about the ESG credentials of an investment fund, despite senior execs being warned about its exposure to fossil fuels.