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New evidentiary tool on cards as 7-Eleven class action judge hears first ever oral discovery bid
7-Eleven 2021-02-19 4:07 pm By Miklos Bolza Sydney

A Federal Court judge overseeing two franchisee class actions against 7-Eleven has heard a landmark application for pre-trial oral discovery that could create another tool for lawyers to source evidence otherwise blocked by confidentiality agreements.

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‘Completely futile’: ASIC resists mediation push from judge concerned about cost of IOOF trial
ASIC 2021-02-08 12:25 pm By Spencer Fowler Steen Melbourne

A judge has ordered ASIC to enter mediation before heading into a “very expensive” trial with an IOOF subsidiary accused of giving shonky advice, over objections from the regulator that mediation would be “completely futile”.

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ATO won’t promise not to prosecute PwC for tax offences
Ashurst 2021-02-03 12:06 pm By Spencer Fowler Steen Melbourne

The ATO has refused to sign an undertaking that it won’t prosecute PricewaterhouseCoopers for tax crimes if it hands over thousands of documents at the centre of a legal professional privilege fight.

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On judge’s urging, JBS drops PwC solicitor in privilege fight with tax office
Ashurst 2021-02-02 9:43 pm By Christine Caulfield Melbourne

Meat processor JBS Australia has appointed new legal representation in a battle with the Australian Taxation Office over the scope of privilege attached to thousands of documents produced by its tax adviser, PricewaterhouseCoopers, after a judge raised concerns about potential conflicts of interest in PwC’s representation of its client.

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CUB can’t shield info in brewing privilege fight with ATO
Australian Government Solicitor 2021-02-02 5:11 pm By Spencer Fowler Steen Melbourne

A judge has ordered Carlton United Breweries, maker of iconic Australian beers Victoria Bitter and Carlton Draught, to hand over information to the Commissioner of Taxation relating to an audit of the beer giant.

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Judge finds Spain not immune from enforcement of $375M arbitration awards
Appeals 2021-02-02 5:10 pm By Miklos Bolza Sydney

The Full Federal Court has granted a limited appeal in the Kingdom of Spain’s challenge to a judgment enforcing a $375 million arbitration award over two renewable energy investments, ordering a redrafting of the primary judge’s orders but rejecting claims that Spain was immune as a foreign state from enforcement of the award.

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ATO can’t toss lawsuit by Melbourne migration lawyer who fled to Romania
Australian Government Solicitor 2021-01-21 3:21 pm By Cat Fredenburgh Sydney

The Commissioner of Taxation has failed in his bid to dismiss a lawsuit brought by a bankrupt migration lawyer who fled to Romania and owes $4.7 million in taxes, but has managed to strike out some claims a judge found had “no reasonable prospect of success”.

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Judge remains concerned about conflict of interest in PWC privilege battle with tax office
Accounting 2020-12-18 10:25 pm By Miklos Bolza Sydney

Assurances that PwC can be a defendant in a privilege fight with the ATO while representing three other defendants in the proceedings and avoid a conflict of interest has failed to allay concerns raised by a Federal Court judge, who said the situation created “at least an appearance of tension”.

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BHP appeals ruling allowing foreign group members in shareholder class action
Alistair Pound 2020-12-14 4:53 pm By Miklos Bolza Sydney

BHP Group Ltd has appealed a ruling allowing foreign group members to be part of a shareholder class action against the mining giant over the Fundao dam failure in Brazil five years ago.

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PwC’s client urged to get separate lawyers in tax office stoush over legal privilege
Alan Shearer 2020-12-07 4:39 pm By Christine Caulfield Melbourne

A court battle between the Australian Taxation Office and PricewaterhouseCoopers over the scope of legal professional privilege claimed by one of its major clients, meat processing giant JBS Australia, has hit a preliminary snag over the consulting giant’s representation of JBS, with a judge warning he might compel the company and its subsidiaries to engage independent lawyers.

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