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Clough appeals tax ruling on $15M in cancellation of entitlements
Appeals 2021-03-25 11:28 am By Cat Fredenburgh Melbourne

Construction company Clough Limited has appealed a ruling that found it cannot claim over $15 million paid to employees for cancellation of their shares and options as a tax deduction.

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Freedom Foods pushes to have Blue Diamond dispute heard in Australia
Albert Dinelli 2021-03-24 1:37 pm By Cat Fredenburgh Melbourne

Freedom Foods is not giving up on its legal battle to have a dispute with Blue Diamond Growers over an almond licensing deal determined in Australia.

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ATO wins appeal over $2.3M Auctus R&D tax refund mistake
Alain Musikanth 2021-03-23 9:27 pm By Miklos Bolza Sydney

The Australian Taxation Office has successfully appealed a Federal Court decision finding it could not recover an R&D tax offset refund of around $2.3 million paid to Auctus Resources despite the payment being made by mistake and the mining company admitting it was not entitled to the money.

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In win for ACCC, Full Court says vulnerability not essential to proving unconscionable conduct
ACCC 2021-03-22 1:39 pm By Miklos Bolza Sydney

The Full Federal Court has ruled that unconscionable conduct under the Australian Consumer Law is not confined to exploitation of vulnerable parties, in an “extremely significant” judgment that will extend the reach of the unconscionable conduct provisions and protect a wider swathe of consumers.

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Banksia silk Norman O’Bryan signals possible appeal after failure to reopen defence
Allan Myers 2021-03-18 10:29 pm By Christine Caulfield Melbourne

Once high-flying barrister Norman O’Bryan might seek to challenge a refusal by the judge overseeing the Banksia class action to revisit his abandoned defence and accept into evidence a document he claims proved he did not secretly hold shares in the funder behind the case.

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Funder of scandal-ridden Banksia class action expresses ‘remorse and regret’
Andrew Palmer 2021-03-17 10:44 pm By Christine Caulfield Melbourne

The litigation funding company controlled by the late solicitor Mark Elliott has told a court of its “remorse and regret” for its misconduct in the Banksia Securities class action, a case that has been described as the “darkest chapter in Victoria’s legal history”.

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‘I don’t go to court, I’m the boss’: Lawyer suing Daily Telegraph says poor hearing didn’t affect court attendance
Ashurst 2021-03-17 4:31 pm By Cindy Cameronne Sydney

A Sydney criminal lawyer who alleges two Daily Telegraph articles defamed him by implying he was too old and deaf to represent clients has told a judge he doesn’t attend court much because he’s the “boss” at his law firm, not because he has suffered hearing loss. 

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High Court to hear Glencore shipping fee fight with Port of Newcastle
ACCC 2021-03-17 11:50 am By Cat Fredenburgh Melbourne

The High Court will weigh in on a dispute between the Port of Newcastle and mining giant Glencore over access charges to shipping channels used to export coal from the Hunter Valley.

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Banksia class action funder’s son should not be punished for the sins of his father, judge told
Andrew Palmer 2021-03-16 10:29 pm By Christine Caulfield Melbourne

The son of Banksia class action funder Mark Elliott was no Michael Corleone of the Godfather, and was not knowingly complicit in an alleged scheme masterminded by his father to defraud group members and destroy evidence, his lawyer has told a court.

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Lawyer gets greenlight to file late defamation suit against Ten
Appeals 2021-03-16 5:22 pm By Miklos Bolza Sydney

A Sydney solicitor has won an extension of time to file a defamation case against Network Ten after an appeals court found he had valid reason for not bringing the case by the one-year deadline — fighting criminal charges that were eventually dropped.

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