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ATO prevails against Binetter company as new evidence reveals ‘extraordinary deceit’
Tax 2023-06-09 11:26 pm By Christine Caulfield

The Australian Taxation Office has won a long-running case over an international tax evasion scheme by a company linked to the Binetter family after uncovering evidence showing earlier judgments were secured by fraud.

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‘It’s a disaster’: Judge questions $11M settlement in Aveo class action
Class Actions 2023-06-08 12:04 pm By Sam Matthews

A judge has questioned an $11 million settlement in a class action against retirement village provider Aveo, resolving to appoint a contradictor and a costs referee amid a dispute between the plaintiff law firm and its litigation funder, which the court heard has “grave concerns” about the costs incurred in the case.

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Cruise class action wins $23M settlement from Scenic Tours the hard way
Class Actions 2023-06-08 1:46 pm By Sam Matthews

Cruise operator Scenic Tours has agreed to settle a long-running class action with travellers who were promised a “once in a lifetime cruise along the grand waterways of Europe” but were instead forced to take the bus, after almost ten years of litigation that went all the way to the High Court.

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Ex-HopgoodGanim client who was afraid to question invoices runs out of time
Business of Law 2023-06-08 11:29 pm By Sam Matthews

A former client of HopgoodGanim has lost an out-of-time bid to challenge 31 invoices, after a judge found her fear of starting a fight with the law firm while it still represented her was “not well founded”.

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Declassing orders must be ‘all or nothing’, court told in breast implants class action
Class Actions 2023-06-08 11:25 pm By Cindy Cameronne

A declassing bid by nine doctors in a class action on behalf of women allegedly injured by a one-size-fits-all approach to breast implant surgeries must apply to the entire proceeding, not just the claims against them, a court has heard.

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JWS nabs BHP vice president for Melbourne tax practice
Johnson Winter Slattery 2023-06-08 2:16 pm By Gareth Baker

Johnson Winter Slattery has appointed senior tax specialist Don Spirason, former Vice President of Tax at BHP, as a special counsel based in Melbourne. Spirason joins JWS with more than 20 years’ tax experience, including more than 10 years at BHP and 5 years at Foster’s Group. Beginning his career at Corrs Chambers Westgarth, he…

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Destination High Court as law firm lodges fourth Downer EDI class action
Class Actions 2023-06-07 11:23 pm By Sam Matthews

Multiple class actions against Downer EDI over accounting irregularities might be bound for the High Court as complex legal questions swirl, a judge said on Wednesday.

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Hyundai, Kia can’t inspect vehicles at centre of class actions
Class Actions 2023-06-07 11:11 pm By Sam Matthews

A judge overseeing class actions against car makers Hyundai and Kia over alleged engine defects has dismissed the carmakers’ bid to inspect the lead applicants’ vehicles before defences are filed in the proceedings.

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Clive Palmer can’t quash CITIC subpoenas over sale of nickel refinery in $1.8B case
Energy & Natural Resources 2023-06-07 11:56 pm By Gareth Baker

Mining magnate Clive Palmer and his company Mineralogy have lost a bid to block subpoenas asking their advisors to hand over information regarding the sale of Townville’s Yabulu nickel and cobalt refinery, as part of a $1.8 billion fight over the value of the site.   

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ASIC, NAB clash over $10M penalty exposes ‘vague status’ of concise claims, judge says
Financial Services 2023-06-06 3:53 pm By Sam Matthews

NAB has told a court it should pay a $2 million penalty — not the $10 million proposed by ASIC  — for engaging in unconscionable conduct by overcharging customers, saying the exact words used in the regulator’s concise statement accuse it only of a single contravention.

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