High Court won’t hear Auctus appeal over $2.3M R&D tax refund mistake

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Auctus Resources will not be able to hang on to a $2.3 million R&D tax offset refund which the Full Court found was paid by mistake, after the High Court turned down its special leave application.

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Court can’t force ‘unwilling’ applicants to litigate, says Sims class action judge

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A judge has allowed a new applicant to lead a shareholder class action against recycling company Sims Metal Management, ruling that he could not force the original applicant to continue in the role when it wanted to back out.

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YouTuber Jordan Shanks has defence scuttled in NSW Deputy Premier’s defamation case

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YouTuber Jordan Shanks has been sent back to the drawing board with his defence in a defamation case brought by NSW Deputy Premier Jon Barilaro after the Federal Court found parliamentary privilege protected the politician in the face of a truth defence to some allegations.

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ACCC says Google’s ‘Oh Shit’ meeting relevant to penalty in location privacy case

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The ACCC wants Google to produce documents related to its infamous ‘Oh Shit’ meeting, which the consumer regulator says will be relevant to the tech giant’s state of mind and the judge’s penalty in a case over representations to users about their location data.

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Christian Porter wants to block media from using secret parts of ABC defence

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Liberal MP Christian Porter has asked a court to ensure Nine and News Corp. do not use secret portions of ABC’s defence to his defamation allegations, which the media giants accessed as intervenors in the former federal Attorney-General’s case.

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Ben Roberts-Smith says ex-wife lied to court about accessing his personal emails

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A lawyer for accused war criminal Ben Roberts-Smith has told a judge his ex-wife did not honestly disclose whether she had given her close friend access to her former husband’s email account, and had misused his confidential and privileged information.

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‘Serious breach of trust’: ACCC wins appeal in Google ads case against Employsure

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The Australian Competition and Consumer Commission has won a challenge to a ruling that tossed its case against specialist workplace relations company Employsure, with an appeals court finding the regulator was right that the company had misled small businesses into signing long term contracts via Google ads that appeared to be government affiliated.

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Judge finds Phoenix Institute treated vulnerable customers with ‘callous indifference’

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A judge has found collapsed education provider Phoenix Institute acted unconscionably and with “callous indifference” by enticing vulnerable consumers to enrol in unsuitable courses with promises of free laptops.

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Bank of Queensland’s small business contracts were unfair, court finds

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Small business owners who turned to the Bank of Queensland for financial assistance were subject to unfair contract terms that created a “significant imbalance” in the rights of the bank and its customers, a court has held.

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