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High Court won’t hear law firm partner’s fight with ATO over exit payments
Business of Law 2023-11-09 11:33 pm By Cat Fredenburgh

The High Court has declined to weigh in on a dispute between a retired law firm partner and the ATO over tax on $182,000 in goodwill payments the lawyer received upon exiting the firm’s partnership.

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India appeals judgment on $111.3M arbitral award
Appeals 2023-11-09 10:54 pm By Cat Fredenburgh

The Indian government has lodged an appeal after a judge found it can’t avoid a $111.3 million arbitral award in a dispute with three Mauritian companies that invested in Indian satellites.

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Permanent stay of case should be ‘measure of last resort’, High Court says
High Court 2023-11-01 3:51 pm By Cindy Cameronne

The High Court has refused to throw out a personal injury case over 55-year-old child sexual abuse claims, despite the death of the alleged perpetrator and most relevant witnesses, saying a permanent stay is a “measure of last resort”. 

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Teachers entitled to pay rises despite resignations: Full Court
Employment 2023-11-01 4:04 pm By Sam Matthews

Two Catholic school teachers are entitled to pay rises included in new enterprise agreements, despite resigning before they took effect, an appeals court has found.

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Retrial means new trial in trade secrets case, judge says in parsing ‘ambiguous’ Full Court order
Intellectual Property 2023-10-30 11:16 pm By Sam Matthews

Construing an “ambiguous” order from the Full Federal Court, a judge has ordered a fresh trial in a trade secrets case that touched on the permissible scope of law firms’ involvement in drafting expert reports.

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GCOs can’t travel to NSW, appeals court says in Arrium class action
Class Actions 2023-10-26 12:41 pm By Cindy Cameronne

KPMG has lost the latest round in its fight to transfer a class action over the collapse of steel giant Arrium from Victoria to NSW, with an appeals court finding that a group costs order made in the case could not travel across the border.

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Surgeons lose appeal in breast implants class action
Appeals 2023-10-26 3:25 pm By Cindy Cameronne

A group of surgeons who worked for The Cosmetic Institute have lost a second bid to declass a representative proceeding on behalf of 13,500 patients who claim they were injured by botched breast augmentation surgery.

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Climate change appeal attacks ‘drug dealers defence’ to coal mine extensions
Climate change 2023-10-26 10:52 pm By Cat Fredenburgh

An advocacy group has appealed a judgment that found it was “legally open” to federal environment minister Tanya Plibersek to approve the extension of two mega coal mines in New South Wales.

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ASIC can’t seek penalties against M101 founder James Mawhinney
Financial Services 2023-10-25 9:10 pm By Sam Matthews

A judge has blocked ASIC from running a new case seeking penalties against investment group M101 Nominees and founder James Mawhinney on remittal from the Full Court, after the regulator admitted it made errors at its initial trial.

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Judge’s immunity appeal may go straight to High Court
Courts 2023-10-25 1:27 pm By Sam Matthews

A judge’s appeal of a decision that found he unlawfully imprisoned a man for contempt and was liable for over $300,000 in damages may go straight to the High Court and should be heard before a similar suit by another man jailed by the judge, a court has heard.

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