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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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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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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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Optus appeals decision exposing Deloitte report to class action glare
Class Actions 2023-11-27 10:12 am By Christine Caulfield

Optus has lodged an appeal of a judgment that found the teleco could not claim legal professional privilege to shield from a class action a report by consulting giant Deloitte into last year’s major data breach.

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Sandoz tries again to invalidate Xarelto patents
Intellectual Property 2023-11-23 11:31 am By Cat Fredenburgh

Novartis unit Sandoz AG has filed an appeal after it was was barred from selling a generic version of top-selling blood clot drug Xarelto and failed to revoke two Bayer patents for the drug.

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KPMG asks High Court again to hear class action transfer fight
Class Actions 2023-11-22 11:25 pm By Christine Caulfield

Accounting firm KPMG has asked the High Court for a second time to weigh in on the relevance of a contingency fee order made in a Victoria Supreme Court class action to its bid to transfer the case to NSW.

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Union succeeds in excluding members from McDonald’s class action
Class Actions 2023-11-17 11:27 pm By Cindy Cameronne

A union has partially won a bid to exclude thousands of current and former members from a class action against McDonald’s, after losing a challenge that sought to ban all Fair Work group proceedings.

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Qantas found guilty of COVID-19 workplace safety breach
Employment 2023-11-16 11:23 am By Cat Fredenburgh

Qantas has been found guilty of a safety violation for standing down a worker who raised concerns about unsafe work conditions during the early days of the coronavirus pandemic.

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Optus still free to seek confidentiality over parts of Deloitte report in class action, court says
Privacy & Cybersecurity 2023-11-14 1:24 pm By Christine Caulfield

A judge overseeing a class action against Optus has said there is scope for the teleco to seek redactions of portions of a Deloitte report, which he ruled last Friday failed the test for protection under legal professional privilege.

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