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ASIC wins High Court appeal over meaning of corporate ‘officer’
Appeals 2020-03-11 12:57 pm By Cat Fredenburgh Melbourne

The Australian Securities and Investments Commission has scored a victory before the High Court, with the court unanimously finding that the term “officer” under the Corporations Act is not limited to those that hold official positions within a company.

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Trivago appeals ruling it misled customers with hotel listings
ACCC 2020-03-10 12:53 pm By Cat Fredenburgh Melbourne

Hotel booking aggregator Trivago has appealed a ruling that it misled consumers about its cheapest price promise by arranging listings according to payments it received instead of the hotel room price.

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Director’s illness no excuse to dodge employee PAYG, super payments, appeals court finds
Acting Justice Reginald Barrett 2020-03-09 5:38 pm By Miklos Bolza Sydney

A restaurant director will have to pay over $33,000 in unpaid tax after an appeals court found that despite a prolonged period of severe illness it was still reasonable to expect that management of the business and the fulfillment of tax obligations would continue.

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Country Care fails in appeal of jury directions ruling in criminal cartel case
Appeals 2020-03-06 4:15 pm By Christine Caulfield Melbourne

Country Care and two employees have lost an appeal of a first-of-its kind Federal Court ruling on jury directions in a criminal cartel case against the mobile equipment provider.

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Judge scolds parties for delaying funder’s landmark appeal by three months
Adero Law 2020-03-05 1:34 pm By Alison Eveleigh Sydney

Litigation funder Augusta Ventures has had its appeal of a groundbreaking ruling that put it on the hook for security for costs in a Fair Work class action pushed back by three months after a delayed case management hearing, with a Federal Court judge telling the parties they were to blame.

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Vagisil maker files appeal to halt European rival’s trade mark
Appeals 2020-03-04 9:24 pm By Cat Fredenburgh Melbourne

The maker of Vagisil feminine hygiene products has appealed a ruling that denied its bid to stop a European competitor from registering Vagisan as a trade mark in Australia.

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Former Bechtel exec wins appeal, can claim $11.8M share loss as tax deduction
Appeals 2020-03-04 5:15 pm By Miklos Bolza Sydney

A former executive of engineering giant Bechtel will be allowed to deduct over $11.8 million in share losses from his taxable income after successfully challenging a ruling to the Full Federal Court, in a decision that clarifies taxation law for income and capital regarding asset trades.

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Clive Palmer’s company takes another shot at shutting down class action
Alexander Law 2020-03-03 12:07 pm By Cat Fredenburgh Melbourne

A company owned by Clive Palmer is appealing a ruling that denied its bid to temporarily block funding for a class action over the troubled Coolum Palmer Resort.

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ACCC says court must shut down Garuda appeal for ‘deliberate and willful’ $19M fine dodge
ACCC 2020-03-02 10:07 pm By Miklos Bolza Sydney

The ACCC has asked for an interim stay of an appeal by Indonesian airline Garuda, which has yet to pay a $19 million penalty for airline price fixing, telling the court it wanted to give the company another chance to explain its “entirely exceptional” non-compliance.

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Sunwater to join challenge to Queensland floods class action victory
Appeals 2020-02-28 6:13 pm By Cat Fredenburgh

Dam operator Sunwater will join an appeal of a victory in a class action filed on behalf of victims of the 2011 Queensland floods, despite pleas from the firm running the case and the State of Queensland that insurers for the dam operators let the ruling stand.

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