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Friend of Christian Porter accuser denies delay in legal action against silk
Legal Ethics 2021-05-13 4:32 pm By Christine Caulfield

The woman bringing court action seeking to stop Christian Porter’s senior barrister from acting for the former attorney-general in his defamation case against the ABC has attacked suggestions that she strategically delayed bringing the conflict of interest challenge.

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Court action seeks to block defamation silk from acting for Christian Porter
Legal Ethics 2021-05-12 11:19 pm By Christine Caulfield

Senior barrister Sue Chrysanthou is reportedly facing court action to prevent her from continuing to act for Christian Porter in the former attorney-general’s defamation case against the ABC.

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Fuchs wins ruling invalidating Quakers’ mining patents
Intellectual Property 2021-05-06 10:08 am By Miklos Bolza

The Australian arm of Fuchs Lubricants has succeeded in invalidating two patents owned by Quakers Chemicals, with the Full Federal Court finding the inventions were not novel because Quakers had tested them in public prior to applying for registration with IP Australia.

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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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Google misled users about location data privacy, judge rules
Competition & Consumer Protection 2021-04-16 10:29 am By Christine Caulfield

Google misled or is likely to have misled some reasonable users of its Android devices about the digital giant’s use of their location data, a judge has found in a win for the consumer regulator.

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Merivale suffers setback in $129M underpayments class action
Employment 2021-04-01 4:43 pm By Cat Fredenburgh

The judge hearing an underpayments class action against hospitality company Merivale has found the workplace agreement that covered the group members was not validly approved.

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ATO loses appeal in JobKeeper case over sole trader’s lasped ABN
Tax 2021-03-26 10:45 pm By Christine Caulfield

The Australian Taxation Office has come up short in its challenge to a decision that a sole trader was eligible for Jobkeeper despite a cancelled ABN, with the Full Federal Court saying the small businessman was entitled to the government COVID-19 handout.

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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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Full Court dashes Bendigo and Adelaide Bank’s hopes of saving ‘community bank’ trade mark
Intellectual Property 2021-03-11 4:47 pm By Cat Fredenburgh

Bendigo and Adelaide Bank has lost its appeal of a ruling that revoked its 22-year-old ‘community bank’ trade mark, with the Full Federal Court agreeing that the phrase has an ordinary signification and cannot be trade marked for the bank’s services.

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Herbert Smith Freehills advice to Horizon Oil protected by privilege, judge rules
Defamation 2021-02-24 4:58 pm By Cindy Cameronne

Horizon Oil has won its bid to shield Herbert Smith Freehills documents advising the company did not breach foreign bribery laws from being revealed in a defamation lawsuit brought against Fairfax Media by a Papua New Guinea government Minister.

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