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Futura Resources unit loses appeal of R&D tax offsets over coking coal project
Andrew Bailey 2021-05-03 12:06 pm By Miklos Bolza Sydney

A unit of coal mining company Futura Resources has failed to convince the Full Federal Court to allow it to register a 2012 coking coal mine investigation conducted in Central Queensland for a research and development tax offset.

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Divided appeals court says judge’s grilling of expert witness ‘quite involved’ but not excessive
Acting Justice Carolyn Simpson 2021-04-29 5:02 pm By Christine Caulfield Melbourne

An appeals court has split on whether a judge’s grilling of an expert witness in a personal injury case was appropriate, with the dissenting judge saying the questioning — which took up more than two-thirds of the cross examination — was excesssive, and hostile in parts.

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Tatts takes ATO to court for rejecting $393M tax deduction
Appeals 2021-04-26 11:47 am By Miklos Bolza Sydney

Tabcorp-owned Tatts Group has launched legal proceedings against the Australian Taxation Office seeking to set aside an “excessive” decision barring over $393 million in tax deductions for 2013 when the company was master agent of SA Lotteries.

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NAB class action over MySuper put on ice as invalidity ruling challenged
Allens 2021-04-22 10:35 pm By Christine Caulfield Melbourne

A Federal Court class action against two NAB units over $6.3 billion in super funds is on hold after lawyers for the applicant filed an appeal of a ruling that found their state court proceeding had been invalidly commenced.

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Appeal dropped by disqualified exec who argued forwarded ASIC email not proper service
Appeals 2021-04-20 4:43 pm By Cat Fredenburgh Melbourne

A Perth director of six companies that were wound up owing $100 million to creditors has dropped a challenge to his disqualification by ASIC, after unsuccessfully arguing before the Full Court that an email from the corporate regulator forwarded by his lawyer did not constitute proper service.

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High Court to hear ATO test case over trust income disclaimers
Appeals 2021-04-20 3:16 pm By Miklos Bolza Sydney

The High Court has granted special leave in a test case by the Australian Taxation Office concerning the effectiveness of disclaimers by trust beneficiaries giving up entitlements to trust income and any associated tax obligations.

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Full Court to hear Epic’s challenge to Apple dispute being heard in the US
Appeals 2021-04-16 11:58 pm By Cat Fredenburgh Melbourne

Fortnite game maker Epic Games has appealed a judge’s decision to send its misuse of market power case against Apple to California, in a significant case with implications for whether Australian companies can litigate disputes with tech giants on their home turf.

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High Court won’t hear Queensland taxi drivers’ ‘fanciful’ case over Uber losses
Appeals 2021-04-15 10:52 pm By Cat Fredenburgh Melbourne

The High Court has denied special leave to a group of Queensland taxi drivers seeking compensation from the state for losses allegedly caused by ride sharing services like Uber, in a lawsuit a judge described as “fanciful”.

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Sydney Opera House says China trade group copied trade mark in bad faith
Addisons 2021-04-14 1:00 pm By Miklos Bolza Sydney

A trade mark application by a China Australia trade association contains an “identical copy” of the Sydney Opera House’s sail design, the trust behind the iconic landmark has claimed as it seeks revocation of the mark on the grounds of bad faith.

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Legal spat over Virgin’s leased airplane engines heads to High Court
Appeals 2021-04-13 11:59 am By Miklos Bolza Sydney

The High Court has granted special leave to hear a first-of-its-kind dispute over a number of airplane engines leased by the beleaguered Virgin Airlines, which may result in the airline’s administrators using company funds to cover the costs of shipping the engines back to Florida.

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