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ATO can’t find non-conflicted expert in $173M case over Hilton hotel sale
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.
Fight over competing KFC class actions not yet on the menu
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.
PepsiCo loses dispute with ATO over royalty withholding tax
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.
Judge to decide whether Higgins can be questioned about courthouse speech
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.
Noumi in talks with ASIC on penalty for continuous disclosure breaches
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.
Judge won’t recuse himself from watchdog’s case against law firm directors
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.
Court OKs 30% GCO for law firm running hotel quarantine class action
The firm behind a class action over Victoria's COVID-19 hotel quarantine debacle has won a group costs order providing for a 30 per cent contingency fee, after promising it won't ask for more down the road.
$26M settlement approved in class action over Dreamworld tragedy
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.
Brittany Higgins denies ‘evolving’ evidence about alleged rape
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.
Philips class action pleading not the ‘finest piece of work’: judge
A judge has told the law firm that has taken over a class action against Philips Electronics over recalled sleep apnea machines to take its time when amending the pleading, which he said was not the "finest piece of work" he'd ever seen.