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Businessman Kia Silverbrook can’t overturn $9.3M penalty for unpaid PAYG tax
An appeals court has dismissed a challenge by businessman and prolific inventor Kia Silverbrook to a finding that he was jointly liable to pay a $9.3 million penalty notice issued by the ATO for unpaid Pay As You Go tax.
Landmark ruling nixing class closure orders likely to reach High Court
A ruling Wednesday that struck down class closure orders -- a device used by judges in class actions for the past two decades -- has split the courts in Australia and is expected to head to the High Court.
Courts don’t have power to make class closure orders, appeals court says
An appeals court has overturned a ruling ordering class closure in seven representative proceedings against car makers over defective Takata airbags, finding courts do not have the power to make class closure orders.
‘Manifestly excessive’ $238,000 defamation payout to childcare worker tossed on appeal
A Sydney-based childcare centre that sent an allegedly defamatory email to 35 people has won its appeal of a $238,000 damages award, with an appeals court calling the figure "manifestly excessive" and questioning the "fundamental approach to damages" in defamation cases in NSW.
Courts criticised for losing sight of justice in Takata airbag class closure challenge
The lead applicants in seven class actions against auto manufacturers over explosive Takata airbags have criticised the courts for losing their way in ensuring justice is done, in a landmark challenge to class closure orders made in the cases.
Court of Appeal tosses Quinn Emanuel challenge to AMP beauty parade loss
A challenge by Quinn Emanuel to a NSW Supreme Court decision staying its shareholder class action against AMP has been unanimously dismissed by the Court of Appeal, which found the class action beauty contest was not decided in error and that subsequently filed representative proceedings were not an abuse of process.
In new class action defence, Scenic Tours says passengers can’t rely on it to control weather
A class action alleging travel agency Scenic Tours owes damages to European cruise passengers forced to take buses when heavy rain flooded waterways is still proceeding despite an impending High Court appeal, with the tour company now seeking to argue in an amended defence that class members could not reasonably rely on it to control water levels.
Plutus conspirator gets 3 years behind bars for role in $105M ATO fraud scheme
Former Plutus Payroll general manager Joshua Kitson has been sentenced to at least three years in jail for his role in a conspiracy to defraud $105 million from the Australian Taxation Office.
Plutus conspirator had ‘high level’ role in $105M tax fraud, court told
A former senior manager of Plutus Payroll played a "high level" role in a complex scheme that defrauded the Australian Taxation Office to the tune of $105 million, a court has heard, in a case involving one of the biggest revenue losses ever prosecuted.
Court’s ‘auction’ approach in GetSwift slammed in bid to revive AMP class action
The barrister leading an appeal seeking to revive Quinn Emanuel's fees for no service class action against AMP has criticised the approach taken in the landmark GetSwift ruling on competing class actions, saying it placed the court in the role of auctioneer and actually encouraged duplicative proceedings.