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ATO appeals Crown victory over GST on high roller junkets
Appeals 2020-11-03 4:24 pm By Cat Fredenburgh

The Australian Taxation Office is challenging a victory by two Crown Resorts’ casinos in a $100 million dispute over GST assessments on commissions and rebates paid to tour operators that directed international VIP gamblers to the casinos.

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Viagogo appeals $7M penalty for duping consumers
ACCC 2020-11-02 1:42 pm By Cat Fredenburgh

Viagogo has appealed a $7 million penalty handed down after a judge found the ticket reseller had misled consumers into thinking it was an official vendor and failed to disclose booking fees of around 28 per cent.

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Findex can’t enforce ‘convoluted’ restraint clauses against advisor who poached clients, court says
Accounting 2020-10-30 10:23 pm By Miklos Bolza Sydney

Accounting firm Findex has lost an appeal of a court’s judgment tossing its case against a former financial advisor, despite the court finding he had poached the company’s clients and caused $742,000 in losses.

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ACCC appeals loss in Employsure case over Google ads, keywords
ACCC 2020-10-29 5:13 pm By Cat Fredenburgh Melbourne

The ACCC has lodged an appeal after a judge threw out its case against Employsure alleging the specialist workplace relations consultancy duped small businesses into signing long-term contracts via several Google ads that promised free workplace advice which appeared to be government-affiliated.

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7-Eleven says courts have no power to ever make a common fund order
7-Eleven 2020-10-27 11:51 pm By Christine Caulfield Melbourne

The High Court majority’s reasoning in the decision nixing common fund orders at an early stage of a class action leads “inexorably and inevitably” to the conclusion that there is no power to make such an order at any time in a proceeding, counsel for 7-Eleven has told an appeals court.

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‘Big fat CFO’ incentives would distort class action scheme, BMW tells court
Alexander Edwards 2020-10-27 8:48 pm By Miklos Bolza Sydney

Luxury car maker BMW has told the NSW Court of Appeal that the courts do not have power to make common fund orders at any stage of a group proceeding, arguing that such orders would distort the scope of the class action regime by encouraging litigation funders to pursue lawsuits.

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Rabbi loses appeal in defamation case over Royal Commission comments on child sex abuse
Appeals 2020-10-26 10:52 pm By Cat Fredenburgh Melbourne

A Sydney rabbi who told the Royal Commission into Child Sexual Abuse that he did not know touching a child’s genitals was a crime has lost his appeal of a ruling throwing out defamation proceedings he brought against Nationwide News and SBS.

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Judges unclear about Johnson & Johnson unit’s arguments in pelvic mesh appeal
Appeals 2020-10-23 2:57 pm By Miklos Bolza Sydney

A judge due to hear a high profile appeal by Johnson & Johnson unit Ethicon has expressed confusion about the grounds on which the medical device maker is challenging a landmark judgment putting it on the hook for potentially hundreds of million of dollars in damages over faulty pelvic mesh implants.

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Sydney lawyer can’t delay appeal in sports betting class action
Appeals 2020-10-20 12:31 pm By Cat Fredenburgh Melbourne

A Sydney lawyer has lost her bid to vacate an upcoming hearing in her appeal of a judge’s finding that investors who sank $12.3 million into a fraudulent sports betting scheme run by convicted conman Peter Foster lost money because of her failure to come forward with the truth.

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Game over for Monster Energy’s opposition to ‘Monster Strike’ trade mark
Andrew Fox 2020-10-19 9:49 pm By Cat Fredenburgh Melbourne

A judge has shot down Monster Energy’s opposition to Japanese software company Mixi registering the ‘Monster Strike’ trade mark in Australia for its popular video game of the same name, the second judge to find the energy drink maker’s standalone ‘Monster’ mark does not have a significant reputation in Australia.

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