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Telstra denied special leave in legal stoush with cities over smart payphone installation
Telecommunications 2021-04-15 10:08 pm By Christine Caulfield

Telstra has failed in its appeal to the High Court to hear its battle with Melbourne, Sydney and Brisbane over the planned upgrade of its payphone network across Australia.

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‘Bad faith, deception, unfair pressure’: 4WD rental company fined $1.2M for unconscionable conduct
Competition & Consumer Protection 2021-04-15 9:56 pm By Miklos Bolza

A judge has slapped a 4WD rental company that made “harsh and unjustified threats” against customers who challenged its decision to retain their security deposits with a $1.2 million fine.

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QBE Insurance files COVID-19 business interruption test case
COVID-19 2021-04-15 9:15 pm By Cindy Cameronne

Insurance giant QBE Insurance Australia has launched a COVID-19 business interruption test case in the Federal Court, following a landmark loss for insurers in the NSW Court of Appeal that could cost them $10 billion.

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Ex-AFL player’s eyewear company defeats indie band’s challenge to ‘xx’ trade mark  
Intellectual Property 2021-04-15 4:47 pm By Cindy Cameronne

English indie band The xx has lost its bid to block an Australian sunglasses company co-founded by former AFL player Tom Sheridan from registering its ‘xx’ trade mark, with a delegate from the Trade Marks Office finding the band’s reputation did not extend to clothing or eyewear.

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Gaming watchdog dragged into Crown class action over Chinese gambling crackdown
Class Actions 2021-04-15 4:16 pm By Miklos Bolza

Victoria’s gaming regulator may seek to block access by a shareholder class action against Crown Resorts to transcripts of interviews with Crown employees about a Chinese gambling crackdown that resulted in the jailing of 19 employees in 2016.

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Hannover Life in $12M battle with ATO over input tax credits
Tax 2021-04-15 3:09 pm By Miklos Bolza

Hannover Life Re of Australasia has launch a courtroom challenge to a decision by the Australian Taxation Office which rejected $12 million in input tax credits it claimed from overheads and a distribution agreement entered into with Real Insurance.

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Leading tax litigator among three new partners snagged by Gadens
People In The News 2021-04-14 10:17 pm By Cindy Cameronne

Gadens has recruited three new partners to join the growing firm, including a tax litigation specialist who previously represented the Commissioner of Taxation in high-profile litigation against Crown Resorts.

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Ben Roberts-Smith accused in court of ‘deliberate concealment’ of docs, as AFP confirms probe
Defamation 2021-04-14 9:58 pm By Christine Caulfield

News publishers facing a defamation suit by Ben Roberts-Smith have called on the war veteran to explain alleged “deliberate concealment” of documents relevant to the case, as the Australian Federal Police reveals they are investigating claims he buried evidence.

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Woolworths entitled to recoup loss in train derailment despite ‘force majeure’ event, judge says
Contracts 2021-04-14 6:34 pm By Miklos Bolza

Supermarket giant Woolworths can recoup losses from a 2014 train derailment in South Australia despite a contractual clause excluding force majeure events, the NSW Supreme Court has found.

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Clive Palmer hit with indemnity costs for ‘hopeless’ case against Queensland Nickel
Restructuring & Insolvency 2021-04-14 3:49 pm By Cindy Cameronne

Two Clive Palmer companies have been slugged with indemnity costs after they were blocked from accessing documents held by two law firms and a litigation funder to pursue a potential lawsuit against Queensland Nickel, with a judge saying the case was “hopeless” from the start.

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