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High Court deals blow to trust beneficiaries in victory for ATO
Appeals 2022-04-06 5:43 pm By Cindy Cameronne Sydney

The ATO has won a legal challenge over when it can claim tax from trust income, with the High Court finding beneficiaries cannot “retrospectively expunge” their entitlements to the proceeds of a trust despite the potential “unfairness” this creates.

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Citigroup facing $300,000 lawsuit over alleged conflicted financial advice
Citigroup 2022-04-06 5:09 pm By Cindy Cameronne Sydney

A Citigroup customer has hit the bank with a lawsuit alleging it gave her conflicted financial advice to invest most of her savings in “risky” products, despite being an inexperienced investor with limited funds.

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Snap Fitness franchisee appeals denial of coverage for pandemic-related loss
Allens 2022-04-06 5:29 pm By Sam Matthews Melbourne

Snap Fitness franchisee Dural 24/7 has appealed a ruling that found insurer Lloyd’s could rely on a conformity clause in its insurance contract to deny coverage to the NSW gym for losses related to the coronavirus pandemic.

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Morrison cleared to call election after failure of challenge to Liberal pre-selections
Clayton Utz 2022-04-05 10:44 pm By Christine Caulfield Melbourne

A court has dismissed a challenge by a Liberal Party member to a decision by prime minister Scott Morrison and two other members of the federal executive to endorse incumbents to contest seats in NSW at the upcoming election, a ruling that paves the way for the PM to name the date.

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Treasury Wine Estates’ ‘fishing’ claim against class action firms falls flat
Alistair Pound 2022-04-05 4:45 pm By Cindy Cameronne Sydney

Law firms accused of “fishing for a case” in a consolidated shareholder class action against Treasury Wine Estates have won access to key financial information in reports to the company’s board, with a registrar finding the material was relevant to the case.

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Nine pays $39,000 to settle defamation case by writer Clementine Ford
Company Giles 2022-04-05 1:46 pm By Sam Matthews Melbourne

Nine-owned Fairfax Media and journalist Tory Maguire have settled a defamation lawsuit brought by feminist writer Clementine Ford over a statement Maguire made referring to “vile and personal attacks” by Ford.

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Judge takes ‘wait and see’ approach to trial in Epic cases against Apple, Google
Allens 2022-04-05 2:49 pm By Miklos Bolza

A judge has held off selecting from a “basket of imponderables” in determining how he will hear two competition lawsuits by Epic Games against Apple and Google over the removal of the popular multiplayer game Fortnite from the tech giants’ online stores.

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‘Bad luck’: Judge denies penniless Captain Cook College’s appeal delay bid
ACCC 2022-04-05 8:59 pm By Sam Matthews Melbourne

A judge has rejected an application by training provider Captain Cook College to postpone the hearing of its appeal in a case won by the ACCC, saying the company’s inability to fund the appeal was “largely a problem of [its] own making.”

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Ex-GC can’t access fintech’s financials ahead of mediation in discrimination case
Employment 2022-04-05 3:59 pm By Miklos Bolza Sydney

The former general counsel of UK-based transit payment service provider Littlepay has lost her bid to access the firm’s financial statements ahead of mediation in a lawsuit alleging she faced discrimination and bullying when she returned to work after the birth of twins.

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$98M 7-Eleven class action settlement approved but costs, commission hang in the balance
7-Eleven 2022-04-04 12:40 pm By Miklos Bolza Sydney

A judge has signed off on a $98 million settlement in two franchisee class actions against 7-Eleven, but has yet to reach a decision on $19.6 million in legal costs and a $25 million funding commission, which a court-appointed contradictor has urged him to reject.

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