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Sydney Trains driver sacked for drinking deserves rehearing, Full Court says
Appeals 2023-06-26 10:05 pm By Gareth Baker

The Full Court has held a Sydney Trains driver who worked the morning after blowing over four times the legal limit is entitled to a rehearing, finding the Fair Work Commission failed to properly consider a section of its own founding legislation. 

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Pokemon wins injunction against augmented reality game, NFTs
Competition & Consumer Protection 2022-12-22 5:34 pm By Cat Fredenburgh

A judge has granted the Pokemon Company’s request for a temporary injunction restraining an Australian business from developing an augmented reality game featuring its popular Pokemon characters and selling related NFTs. 

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AAT overlooked deterrence in overturning SMSF auditor’s disqualification
ASIC 2022-12-05 11:42 pm By Cat Fredenburgh

A judge has set aside a tribunal’s decision not to disqualify a SMSF auditor for breaching independence rules, finding the tribunal had failed to consider general deterrence.

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ATO, Raptis Group to enter ‘commercial discussions’ in $110M tax case
ATO 2021-10-21 12:21 pm By Miklos Bolza

The Australian Taxation Office will have “commercial discussions” with Gold Coast property developer James Raptis before deciding whether to seek summary judgment in a case over $109.5 million in alleged tax avoidance.

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Raptis Group hit with freezing order after allegedly dodging $110M in tax bills
ATO 2021-10-05 6:35 pm By Cindy Cameronne

The Australian Taxation Office has won an urgent bid to freeze the assets of James Raptis and 11 associated entities, after accusing the Queensland property developer of dodging $109.5 million in taxes since 2000.

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Spotless on the hook for redundancy entitlements after High Court declines special leave
Appeals 2020-12-11 2:26 pm By Cat Fredenburgh

The High Court will not hear cleaning services giant Spotless Group’s challenge to a ruling that found it must pay redundancy entitlements to a group of workers it sacked.

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CFMEU liable for officers’ refusal to produce permits, Full Court holds
Appeals 2020-11-25 6:58 pm By Spencer Fowler Steen

The Full Federal Court has upheld a ruling that the CFMEU was “knowingly concerned” in the refusal of union officers to produce entry permits at a Queensland building site, with the appeals court saying it was”difficult” to understand how the union was not an accessory to the contraventions of its employees.

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FWC ‘misconstrued’ general protections authority, Full Court says in win for Coles
Andrew Crowe 2020-09-14 6:00 pm By Christine Caulfield

A landmark judgment by the Full Federal Court has found that a full bench of the Fair Work Commission “misconstrued” its own authority to make general protections findings about the dismissal of employees.

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Lawyer loses sexual harassment appeal after urging court to just think of him as ‘Mr Darcy’
Appeals 2020-07-27 11:07 pm By Christine Caulfield

A lawyer who argued his conduct towards a paralegal was not sexual harassment but a display of ardent affection akin to ‘Mr Darcy’ in ‘Pride and Prejudice’ has lost his appeal of a $170,000 judgment against him, with the Full Federal Court saying the case was “as far from a Jane Austen novel as it is possible to be”.

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Spotless on the hook for redundancy pay after losing appeal
Appeals 2020-07-01 9:41 pm By Alison Eveleigh

Cleaning services giant Spotless must pay redundancy entitlements to a group of workers it sacked, after failing to convince a court of appeal that it was exempt from making the payments.

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