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High Court won’t hear Auctus appeal over $2.3M R&D tax refund mistake
Alain Musikanth 2021-08-16 10:58 am By Cat Fredenburgh

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
Alexander Edwards 2021-08-13 8:28 pm By Miklos Bolza

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
Ashurst 2021-08-13 4:13 pm By Miklos Bolza

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
ACCC 2021-08-13 4:20 pm By Cindy Cameronne

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
ABC 2021-08-13 9:47 pm By Christine Caulfield

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
Arthur Moses 2021-08-13 8:46 pm By Cindy Cameronne

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
ACCC 2021-08-13 4:43 pm By Bianca Hrovat

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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Bank of Queensland’s small business contracts were unfair, court finds
ASIC 2021-08-13 5:11 pm By Bianca Hrovat

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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Court throws out Merck Sharp & Dohme’s Januvia patent extension
Australian Government Solicitor 2021-08-12 2:29 pm By Miklos Bolza

The Federal Court has dealt US drug giant Merck Sharp & Dohme a devastating blow, overturning an “untenable” patent term extension which would have protected the monopoly of its multibillion-dollar Januvia and Janumet diabetes drugs beyond July 2o22.

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Silk in ANZ cartel case to be first female DPP in NSW
New South Wales 2021-08-12 5:12 pm By Bianca Hrovat

A leading Sydney silk who has appeared for the prosecution in a high-profile criminal cartel case over a $2.5 billion ANZ share placement is set to become New South Wales’ first woman to serve as Director of Public Prosecutions.

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