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ATO wins appeal over $2.3M Auctus R&D tax refund mistake
Tax 2021-03-23 9:27 pm By Miklos Bolza

The Australian Taxation Office has successfully appealed a Federal Court decision finding it could not recover an R&D tax offset refund of around $2.3 million paid to Auctus Resources despite the payment being made by mistake and the mining company admitting it was not entitled to the money.

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Indonesian seaweed farmers win class action over major oil spill
Class Actions 2021-03-19 10:13 pm By Cat Fredenburgh

Thousands of Indonesian seaweed farmers have won a class action against PTTEP Australasia over one of Australia’s largest oil spills, with a judge finding the oil exploration company breached its duty of care to the farmers and damaged their livelihoods.

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High Court to hear Glencore shipping fee fight with Port of Newcastle
Competition & Consumer Protection 2021-03-17 11:50 am By Cat Fredenburgh

The High Court will weigh in on a dispute between the Port of Newcastle and mining giant Glencore over access charges to shipping channels used to export coal from the Hunter Valley.

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High Court rejects Rinehart’s ‘very odd’ special leave bid in dispute over mining assets
Energy & Natural Resources 2021-03-15 8:39 pm By Miklos Bolza

The High Court has rejected special leave applications by mining magnate Gina Rinehart to appeal a ruling which only partially stayed a legal dispute over ownership rights and royalties relating to the Rinehart family-owned Hope Downs iron ore mine, with one judge calling the mining magnate’s arguments a “tortured articulation” and “very odd”. 

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Law firm racked up $60M legal bill in Queensland floods class action
Class Actions 2021-03-15 2:01 pm By Miklos Bolza

The law firm behind a long-running class action over the 2011 floods in Queensland which reached a $440 million partial settlement last month has estimated that its legal bill to date totals around $60 million.

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Two law firms can’t rep insurers in $309M dispute over Queensland LNG project
Insurance 2021-03-09 2:16 pm By Miklos Bolza

A judge has found a group of insurers defending a $309 million lawsuit over an Australia Pacific LNG project in Central Queensland cannot be represented by two law firms, saying it would not be in the interests of justice.

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Herbert Smith Freehills says Arrium lenders ‘a million miles away’ from properly run case
Restructuring & Insolvency 2021-03-04 6:54 pm By Miklos Bolza

Law firm Herbert Smith Freehills has attacked a lawsuit brought by a group of lenders against collapsed steel giant Arrium, rejecting claims that $430 million in loans was borrowed under misleading or deceptive representations.

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Judge ‘not following’ government’s argument backing coal expansion in climate class action
Energy & Natural Resources 2021-03-03 6:23 pm By Spencer Fowler Steen

The Federal Government has argued a class action against the expansion of a northern NSW mine has “conspicuously failed” to show that the emissions would contribute to “catastrophic harm”, but a judge has questioned the Commonwealth’s contention that other countries would be responsible for the emissions.

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Former Arrium group treasurer rejects liquidators’ ‘infected’ insolvency case
Restructuring & Insolvency 2021-03-03 6:16 pm By Miklos Bolza

The former group treasurer of collapsed steel giant Arrium has hit back at claims brought by the company’s liquidators that it was trading while insolvent, arguing the case had been ‘infected’ by evidence from an expert who was also a plaintiff in the case.

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Teens’ class action warns of ‘catastrophic harm’ if Whitehaven coal mine approved
Environment 2021-03-02 7:46 pm By Spencer Fowler Steen

Trial kicked off Tuesday in a landmark class action brought by teenagers seeking to halt the expansion of a Whitehaven coal mine in NSW, with the barrister for the teens arguing catastrophe was likely if the expansion was blessed by the Federal Minister for the Environment.

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