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White collar penalties set to jump after High Court’s foreign bribery ruling
White Collar 2023-08-02 1:24 pm By Christine Caulfield

Companies could be on the hook for higher penalties for foreign bribery and other white collar offences after a High Court majority on Wednesday found a $1.35 million bribery penalty imposed on engineering firm Jacobs Group was inadequate.

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Resort not vicariously liable for actions of urinating employee, High Court says
High Court 2023-08-02 10:14 pm By Cat Fredenburgh

The High Court has found a Whitsundays resort is not vicariously liable for the actions of an employee who urinated on his roommate in staff accommodation after a night of drinking, finding the act had “no real connection” to his employment.

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Arrium class action’s potential loss of contingency fee irrelevant to transfer fight, KPMG says
Class Actions 2023-07-27 5:06 pm By Christine Caulfield

The possibility that a NSW judge will revoke a contingency fee order made in a class action over Arrium’s collapse is irrelevant to whether the proceedings should be transferred from Victoria to the appropriate forum, Arrium’s auditor KPMG has told a court.

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Viterra goes to High Court in epic fight with Cargill over Joe White sale
High Court 2023-07-27 11:27 pm By Christine Caulfield

Glencore-owned Viterra has taken its 10-year fight with Cargill to the High Court after an appeals court upheld a judgment putting it on the hook for almost $300 million in damages for misleading representations in the sale of malt producer Joe White in 2013.

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Select AFSL exec appeals ruling he ‘turned a blind eye’ to unconscionable sales tactics
Appeals 2023-07-27 11:58 pm By Cat Fredenburgh

The former director of Select AFSL has appealed a judge’s decision to slap him with a $100,000 penalty and a disqualification order after finding he “turned a blind eye” to the life insurer’s unconscionable phone sales tactics.

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Judge blasts Pitcher Partners’ ‘terrible’ argument in $127M appeal against Twigg family
Appeals 2023-07-25 11:26 pm By Cindy Cameronne

An appeals court has taken Pitcher Partners to task in its appeal seeking to throw out a lawsuit over the accounting firm’s alleged involvement in race car driver Max Twigg’s misappropriation of $127 million from his family. 

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Arrium lenders file High Court challenge over directors’ loan drawdowns
Restructuring & Insolvency 2023-07-25 3:58 pm By Cindy Cameronne

Commonwealth Bank and other lenders of Arrium have filed for special leave to appeal to the High Court after losing their latest bid to make two directors liable for allegedly misleading them about loan drawdown notices ahead of the steel company’s $2.8 billion collapse. 

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Retired law firm partner loses battle with ATO over final payments
Tax 2023-07-13 4:18 pm By Christine Caulfield

A former law firm partner has lost his scrap with the Australian Taxation Office over exit payments he received on retirement, with a court ruling his $180,000 payout could not be offset against repayments made to the partnership’s capital account. 

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BHP unit brings High Court challenge over Christmas Day work
Appeals 2023-07-12 4:25 pm By Cindy Cameronne

BHP in-house labour hire provider Operations Services has filed for special leave to appeal to the High Court a finding that it unlawfully required its coal miners to work on Christmas Day and Boxing Day.

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Ben Roberts-Smith appeals after court finds he committed war crimes
Appeals 2023-07-11 3:27 pm By Cindy Cameronne

Former SAS corporal Ben Roberts-Smith has filed an appeal after he lost his defamation case against Nine-owned Fairfax in a ruling that found he committed murder in Afghanistan and was not a reliable witness. 

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