HCA hands down 2 decisions

Daily wrap  

• ATO's call for PepsiCo to pay Australian tax over exclusive bottling deal thrown out by High Court - ABC News
   

  • Judgment summary
     

• Former Liberal MP Andrew Laming wins a High Court appeal over fines for three Facebook posts - ABC News
   

  • Judgment summary
     

• Wiggles riding the Big Red Car to the Federal Court [AFR paywall]

  Turnover at the beloved group isn’t limited to the performers, it seems.
   

• Mark Latham defends conduct towards MP Alex Greenwich at final day of tribunal hearing - ABC News
   

• Australian authors challenge Productivity Commission's proposed copyright law exemption for AI - ABC News
   

• Matt Wright's visit to hospitalised pilot, "anti-vaxxer" claims heard in TV star's criminal trial - ABC News
   

  • Outback Wrangler star asked paralysed pilot in hospital to change flight records and erase items on phone, court hears | Northern Territory | The Guardian
     

• Victoria’s new anti-protest laws to be watered down amid pushback from human rights groups and unions | Victorian politics | The Guardian
   

• MDBA defends deliberate forest flooding in billion-dollar class action

  The Murray-Darling Basin Authority argues it acted conservatively to manage the risks of water shortfalls, including the use of over-bank flows, in its defence against a class action brought by 28,000 irrigators.
   

• Convicted murderer Susan Neill-Fraser challenging new 'restrictive' media ban - ABC News
   

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Editor’s picks

• Australian Securities and Investments Commission v TerraCom Limited (No 2) [2025] FCA 959

  [11] In my view, there is no general principle to the effect that regulators occupy a special position in relation to orders for indemnity costs. ASIC has very substantial executive power and litigious resources which must be used responsibly, and orders for indemnity costs provide one way of holding ASIC accountable. If ASIC decides to conduct litigation which is doomed to fail because of some ultimate policy objective, it should generally face the risk of indemnity costs in the same way as any other litigant…
   

• Bob Brown Foundation Inc v Minister for the Environment - online file
   

• NSD1765/2024 - LOCK THE GATE ALLIANCE LTD v TAMBORAN B2 PTY LTD

  Justice Owens will conduct a livestreamed hearing in this matter from 10:15am AEST - NSD1765/2024 Lock the Gate Alliance Ltd ACN 156 099 080 v Tamboran B2 Pty Ltd ACN 105 431 525 - YouTube
   

• Bottrill v Graham & Anor (No 3) - NSW Caselaw

  [1] These are proceedings for defamation for publication of three three-hour-plus podcasts called “Guru ‘n’ Crew” on the X social media platform in January and February 2024. Each of the three podcasts is asserted to impute that the plaintiff, a retired public servant, is the world leader of an international paedophile child murder and blood-drinking ring of criminals.

   

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