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High Court deals blow to trust beneficiaries in victory for ATO
Appeals 2022-04-06 5:43 pm By Cindy Cameronne

The ATO has won a legal challenge over when it can claim tax from trust income, with the High Court finding beneficiaries cannot “retrospectively expunge” their entitlements to the proceeds of a trust despite the potential “unfairness” this creates.

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High Court won’t save Lex Greensill from tax on $58M in capital gains
Appeals 2022-02-24 2:19 pm By Cat Fredenburgh

The High Court has shot down Greensill founder Lex Greensill’s bid for special leave to challenge a finding that he owes tax on $58 million in capital gains, including income from the sale of shares in the collapsed UK-based supply chain finance company.

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Lex Greensill to pay tax on $58 million in gains after losing appeal
Australian Government Solicitor 2021-06-11 5:03 pm By Cindy Cameronne

Lex Greensill will need to pay tax on $58 million in capital gains, after losing a challenge to a tax assessment which included non-Australian gains from the sale of Greensill shares distributed to the founder of the collapsed collapsed UK-based supply-chain finance firm.

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Judge shuts down derivative suit against CBL over $3M share acquisition
Adele Carr 2021-06-07 11:03 pm By Miklos Bolza

A shareholder’s attempt to reverse a $3.15 million share acquisition by the managing director of construction giant Consolidated Builders Ltd has been dismissed by a judge, despite finding the case had “a reasonable probability of success”.

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In victory for Glencore, High Court won’t weigh in on landmark transfer pricing ruling
Andrew Roe 2021-05-26 11:03 am By Cat Fredenburgh

The High Court has denied the ATO’s request that it weigh in on Australia’s transfer pricing regime, leaving in place a Full Court victory for mining giant Glencore that left it paying $2 million of a $92 million bill relating to the sale of copper from a mine in Cobar, NSW.

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ATO wins High Court appeal against Travelex over mistaken $149,000 tax surplus
Appeals 2021-03-10 3:45 pm By Miklos Bolza

The High Court has ruled that the tax office was not obliged to refund money for tax surpluses mistakenly issued under the GST Act, in a long-running legal dispute between the Commissioner of Taxation and foreign currency exchange Travelex.

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Funder of live export class action doesn’t need AFSL to sign up new group members
Agriculture 2020-11-12 3:02 pm By Cat Fredenburgh

The group providing funding to claimants in a class action against the federal government over its 2011 ban on live cattle exports to Indonesia does not have to comply with new rules requiring litigation funders to obtain an AFSL and operate as a managed investment scheme in order to sign up new group members.

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Glencore largely prevails in ATO appeal over $92M tax fight
Appeals 2020-11-06 9:57 pm By Miklos Bolza

Mining giant Glencore has mostly defeated an appeal by the Australian Taxation Office in their tax fight, and will only have to pay $2 million of a $92 million bill relating to the sale of copper from a mine in Cobar, NSW.

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Government won’t challenge loss in live export class action
Agriculture 2020-07-22 10:16 pm By Cat Fredenburgh

The Federal Government will not challenge a ruling in a class action brought on behalf of live exporters which found a total ban on live cattle exports to Indonesia in 2011 was “capricious and unreasonable”.

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Government hit with $2.9M judgment in live export class action
Agriculture 2020-06-29 1:30 pm By Alison Eveleigh

The lead applicant in a class action against the Federal Government over its total ban on live cattle exports to Indonesia in 2011 has been awarded $2.9 million, potentially exposing the government to hundreds of millions of dollars in damages.

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