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Retired law firm partner loses battle with ATO over final payments
Tax 2023-07-13 4:18 pm By Christine Caulfield

A former law firm partner has lost his scrap with the Australian Taxation Office over exit payments he received on retirement, with a court ruling his $180,000 payout could not be offset against repayments made to the partnership’s capital account. 

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Age pension does not discriminate against Indigenous Australians, Full Court says
Class Actions 2023-07-12 12:07 pm By Cindy Cameronne

The Full Court has rejected class action claims that the age pension discriminates against Indigenous Australians because of differences in life expectancy.

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‘Commercial nonsense’ ruling shot down in AMP lease dispute
Real Estate 2023-07-11 10:16 pm By Gareth Baker

Willis Australia has won an appeal against its landlord, AMP Capital, with a court ruling the insurance broker is entitled to withdraw notice it gave in December 2019 to renew its office lease. 

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Mining magnate Gina Rinehart can’t fight use of arbitration docs as trial in family feud begins
Trials 2023-07-10 3:44 pm By Gareth Baker

Hancock Prospecting can’t challenge an order that documents produced in arbitration are fair game, as the mining company’s chief, Gina Rinehart, battles her children in a trial over ownership of a valuable tenement set to start Monday.

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Solicitor loses argument that costs assessors can’t get do-over
Business of Law 2023-07-10 5:15 pm By Gareth Baker

A Sydney solicitor has lost a 10-year-old dispute with a former client over fees, after unsuccessfully claiming a cost assessor’s conduct in issuing multiple preliminary cost certificates ran afoul of the Legal Profession Act.

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Care A2 loses bid for freezing order in case against Sports Flick exec
Corporate 2023-07-10 3:06 pm By Cindy Cameronne

Infant formula maker Care A2 Plus has lost a bid for a freezing order against the former chief financial officer of Sports Flick as it appeals a finding she had no involvement in a fellow executive’s “deceitful” scheme over a $5 million World Cup streaming deal. 

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Monster Energy loses challenge to A&E Television’s trade mark
Intellectual Property 2023-07-07 5:42 pm By Gareth Baker

Monster Energy has lost a trade mark tiff with American broadcaster A&E Television, with IP Australia giving the media company the all-clear to register a mark for its ‘Monster Motor Challenge’ TV series. 

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Hotel detention legal, but lacked ‘care and humanity’, judge says
Human Rights 2023-07-06 10:27 pm By Gareth Baker

A federal court judge has slammed Australia’s use of makeshift hotel detention centres as lacking “ordinary human decency”, but ruled they are not illegal in the case of a Kurdish refugee who was held for 14 months in two Melbourne hotels. 

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HSF, Seven can’t set aside Nine’s subpoenas in Ben Roberts-Smith case
Defamation 2023-07-05 11:42 pm By Sam Matthews

Seven and law firm Herbert Smith Freehills have lost a bid to set aside subpoenas issued by Fairfax, as the publisher seeks third party costs orders against Seven for funding disgraced soldier Ben Roberts-Smith’s unsuccessful defamation case.

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AFP can’t get first impression trial in childcare operators’ defamation case
Defamation 2023-07-05 5:25 pm By Gareth Baker

A judge has knocked back a bid by the Australian Federal Police to have an upcoming trial over an allegedly defamatory press conference run on a stripped-back ‘first impression’ basis.

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