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Courts

This Month

Phillip Kingston, founder of Sargon, in better times in 2019.

Sargon’s Kingston bankrupted over $154m China financier debt

Phillip Kingston, founder of superannuation technology venture Sargon Capital, did not appear at a court hearing about money. He says he’s in Ukraine.

  • Liam Walsh and Max Mason
Jeffrey Bleich appears at a Nuix investor meeting in 2021.

Nuix share slump should have sparked concern about forecasts: ASIC

In its closing arguments in the long-running dispute, the regulator says directors must have known that the market did not believe they would hit targets.

  • Max Mason
TechnologyOne is also facing a retrial of a high profile HR case in April.

TechOne director claims understaffing forced him to work 70-hour weeks

The company brought forward sales targets in the previous financial year but did not have enough staff, according to new allegations made in the Federal Court.

  • Max Mason
NSW Industrial Relations Minister Sophie Cotsis introduced industrial relations reforms on Thursday afternoon.

‘Cannot go uncorrected’: Supreme Court’s unusual rebuke of minister

The NSW Supreme Court has made an extraordinary intervention to defend itself against criticism from a state government minister.

  • David Marin-Guzman

November

Pepsi lost its tax challenge with the ATO.

Pepsi loses ATO challenge on tax for Schweppes payments

The Tax Office has won a challenge by PepsiCo over assessments that it owed royalty taxes for deals it orchestrated between Singapore and Australian subsidiaries for beverage concentrate and branding rights.

  • Max Mason
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Roberts-Smith to pay 95pc of Nine’s costs in defamation mega-trial

Justice Anthony Besanko awarded indemnity costs to Nine because the disgraced soldier knew what he was being accused of was substantially true.

  • Max Mason
Chemist Warehouse will be hoping the outcome runs in Blooms’ favour.

Chemist Warehouse sweats on courtroom pharmacy brawl

The discount pharmacy chain is sure to be watching a little-publicised dispute with a Blooms The Chemist franchisee and the Pharmacy Council of NSW.

  • Updated
  • Max Mason
A report into EY’s workplace has uncovered problems across the firm.

EY admits staffer drafted papers for alleged tax exploitation partner

EY Australia has admitted a staff member helped draft documents for a former partner who allegedly promoted tax exploitation schemes, but the firm says the person was acting on instructions and has not been disciplined.

  • Max Mason and Neil Chenoweth
A Sydney jewellery shop has been ordered to pay a record $140,000 in general damages, plus further damages and costs.

Sydney jeweller hit with record sexual harassment damages

A Sydney jewellery shop and its owner have been ordered to pay more than $268,000 in damages after being found to have sexually harassed an employee.

  • Max Mason
EY is facing further scrutiny from parliament.

Senators slam EY deal with ATO as too lenient

EY is facing further scrutiny in the wake of allegations a former partner promoted tax exploitation schemes over five years.

  • Max Mason and Neil Chenoweth
EY has outed itself.

Former EY partner in tax case ‘took $700k in unauthorised payments’

EY Australia has outed itself as the big four firm involved in a court case in which a former partner is fighting to keep his name secret.

  • Max Mason and Neil Chenoweth

October

Big four ex-partner claims colleagues helped in tax exploitation scheme

The former partner, whose name is being suppressed along with that of the firm, hopes to file a limited defence to avoid incriminating himself.

  • Max Mason and Neil Chenoweth
The ATO case adds to increased spotlight on the big four following the PwC tax scandal.

Big four partner alleged to have promoted tax exploitation scheme

A former partner at a major accounting firm is facing significant fines for allegedly promoting tax avoidance schemes to seven clients.

  • Max Mason and Neil Chenoweth

September

Care A2 Plus was one of a small number of overseas infant formula producers allowed to import into the United States.

Care A2 Plus fights Federal Court green light for US lawsuit

The infant formula producer is attempting to throw out a decision that allowed its US partner to sue its founder, chief executive and chairman in Miami.

  • Max Mason and Carrie LaFrenz
Robert Bates and Emma Gibson in 2020.

Aquamamma founder allegedly told investors valuation would double

A group of wealthy backers are now suing Robert Bates, claiming he told them that “no one has ever lost money investing with me”.

  • Jessica Sier
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August

Mercedes-Benz dealers took the car company to court over its new business model.

Mercedes-Benz defeats $650m dealer compo claim

The luxury car maker’s dealerships in Australia said they were bullied into signing agreements that stripped them of the “goodwill” they had spent millions of dollars building.

  • Max Mason
PwC partner Richard Gregg.

Forced-out PwC partner threatens defamation action over tax leaks link

The consulting firm could face a defamation battle with partner Richard Gregg after a court ruled it failed to follow proper process in an attempt to fire him.

  • Updated
  • Max Mason
Small business owes the lion’s share of unpaid superannuation.

Workers are owed $2.1b in unpaid superannuation

The Australian Taxation Office said small business owes the vast majority of more than $2 billion in collectable superannuation debt.

  • Max Mason and Lucy Dean

July

Ben Roberts-Smith and Kerry Stokes.

Kerry Stokes, Seven forced to hand over Roberts-Smith case emails

Seven West Media chairman Kerry Stokes and his commercial director Bruce McWilliam will be forced to hand over thousands of their emails exchanged with Ben Roberts-Smith’s legal team.

  • Max Mason
PwC partner Richard Gregg and his lawyer Rebekah Giles outside court on Thursday.

The one word that will determine if PwC can fire this partner

The forced retirement of PwC Australia partner Richard Gregg hinges on what Justice David Hammerschlag thinks “reasons” means.

  • Updated
  • Max Mason