Tax

Uber ‘not a mere conduit’, High Court told in $81M payroll tax case

Rideshare giant Uber is not a passive intermediary between drivers and riders, the NSW Office of State Revenue has told the High Court in a case over $81 million in payroll tax, but controls trips via its platform "from start to finish".

Competition & Consumer Protection

In Mastercard case, judge says suppression bids ‘spiralling out of control’

A judge has said he will not be able to decide all the suppression applications in the ACCC’s misuse of market power case against Mastercard ahead of trial, saying the court was facing an “unreasonable, if not oppressive” burden.

Financial Services

RAMS franchisee doesn’t want to be ‘swept into’ class action trial

A former RAMS franchisee has raised concerns about a joint trial of its case with a related class action against the defunct Westpac home loan subsidiary, saying the overlap between the cases may be “much less than advertised”.

Securities

ASX ‘lacks aspiration’ to oversee critical markets infrastructure, ASIC says

The corporate regulator has delivered a scathing report on exchange operator ASX, finding it has significantly under-invested in technology in favour of delivering short-term dividends to shareholders.

M&A

ACCC taps keg supplier’s acquisition of rival for in-depth review

The competition regulator will further probe US keg company MicroStar's proposed acquisition of the assets of rival keg pooling service Konvoy, saying the transaction could substantially lessen competition.

Employment

Aged care provider to backpay staff $11M under deal with FWO

Non-profit aged care provider Southern Cross Care has agreed to pay over $11.7 million to 5,500 underpaid staff as part of a court-enforceable undertaking with the Fair Work Ombudsman.

Intellectual Property

Shein, Kmart accused of copying designs of Qld clothing company

Queensland-based online clothing shop Sabo Skirt has taken 20 companies to court -- including fast fashion giant Shein and retailer Kmart -- for allegedly selling cheap knockoff versions of its designs.

Competition & Consumer Protection

ACCC seeks $36M penalty against Emma Sleep for misleading discounts

The consumer watchdog is pushing for a $36 million penalty against Emma Sleep after it admitted to repeatedly misleading consumers about discounts, but the online mattress retailer says a $2 million fine is adequate.

Class Actions

10-year-old Ford class action goes back up to appeals court

A defects class action against Ford that's been on foot since 2016 is headed to the Full Court again, after a judge recently ruled on two remaining issues in dispute following a High Court ruling on on how reduction in value damages should be calculated.

Intellectual Property

IP Australia says f*ck yeah to vulgar trade mark

Saying swear words are now part of the common vernacular, IP Australia has cleared a vitamin company's foul- mouthed trademark for registration, on the proviso that the branding is restricted to goods aimed at adults.

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