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Fight over competing KFC class actions not yet on the menu
Employment 2023-12-04 3:37 pm By Sam Matthews

The claims in two class actions alleging fast food giant KFC denied workers rest breaks are substantially similar but not identical, a court has heard, and whether or not the two cases are headed for a battle to survive remains to be seen.

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ATO can’t find non-conflicted expert in $173M case over Hilton hotel sale
Tax 2023-12-04 5:27 pm By Sam Matthews

The ATO has lost its bid for a court-appointed joint expert after it failed to find a witness with legal expertise in structuring hotel sales who was not “commercially conflicted”, with a judge ruling that Hilton should not be prevented from relying on an expert report it already obtained.

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PwC class action by Axsesstoday bondholders wants to add insurer, 3 years in
Class Actions 2023-12-04 11:29 pm By Christine Caulfield

More than three years after filing a class action against failed asset finance lender Axsesstoday and auditor PricewaterhouseCoopers over a $50 million prospectus, the applicant has asked a court to file a new statement of claim that will join insurer Dual Australia to the case.

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Judge to decide whether Higgins can be questioned about courthouse speech
Defamation 2023-12-01 10:16 pm By Sam Matthews

The judge overseeing alleged rapist Bruce Lehrmann’s defamation case against Network Ten and presenter Lisa Wilkinson has deferred a decision about whether accuser Brittany Higgins can be questioned over her speech outside the ACT courthouse after a mistrial was declared in Lehrmann’s criminal case.

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PepsiCo loses dispute with ATO over royalty withholding tax
Tax 2023-12-01 11:57 pm By Cat Fredenburgh

In a victory for the ATO, a judge has found that payments made by Schweppes to PepsiCo as part of a bottling and distribution agreement, which did not expressly provide for payment of a royalty for use of the company’s IP, were royalties and should be taxed accordingly.

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Noumi in talks with ASIC on penalty for continuous disclosure breaches
Securities 2023-12-01 1:38 pm By Cindy Cameronne

Food manufacturer Noumi is trying to reach agreement with the Australian Securities and Investments Commission on a penalty to propose to the court for violating its continuous disclosure obligations by overstating the value of inventory.

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Judge won’t recuse himself from watchdog’s case against law firm directors
Business of Law 2023-12-01 1:36 pm By Cindy Cameronne

A judge has refused to disqualify himself from a case by the Victorian legal watchdog against the former directors of two law firms, saying errors by him at directions hearings in the case did not equate to bias.

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Brittany Higgins denies ‘evolving’ evidence about alleged rape
Defamation 2023-11-30 6:44 pm By Sam Matthews

Facing cross-examination for the first time in Bruce Lehrmann’s defamation case, former Liberal staffer Brittany Higgins has denied she adapted her evidence to suit new information and dismissed the “insulting” proposition that she fabricated the alleged rape by Lehrmann out of fear she would lose her job.

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$26M settlement approved in class action over Dreamworld tragedy
Class Actions 2023-11-30 10:16 pm By Cat Fredenburgh

A judge has signed off on a $26 million settlement in a shareholder class action against Ardent Leisure over the 2016 Dreamworld tragedy, including $7.8 million for the funder that backed the case and $5 million in legal costs.

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Procter & Gamble’s ’30 Minute Miracle’ dish soap claims don’t wash, court finds
Competition & Consumer Protection 2023-11-30 3:49 pm By Cindy Cameronne

Consumer goods giant Procter & Gamble Australia made misleading statements that its Fairy ‘30 Minute Miracle’ dishwashing tablet was better at cleaning than Reckitt Benckiser’s Finish Platinum Plus, but both companies made false claims about their products, a judge has found.

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