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Peters served with $12M penalty for exclusive dealing
Competition & Consumer Protection 2022-03-25 1:51 pm By Sam Matthews

Peters Ice Cream has been hit with a $12 million penalty after admitting to entering an anti-competitive exclusive agreement for distribution of its single serve ice creams to service stations and convenience stores across Australia.

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High Court to weigh in on peak indebtedness rule in win for Gunns liquidators
Restructuring & Insolvency 2022-03-25 5:44 pm By Miklos Bolza

The High Court will clarify the so-called peak indebtedness rule used by liquidators recouping payments to unsecured creditors, granting a special leave application brought by the liquidators of collapsed forestry giant Gunns Group.

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ATO hits back at Pepsico lawsuit over Schweppes bottling payments
Tax 2022-03-25 9:31 pm By Miklos Bolza

A notice issued to Pepsico demanding royalty withholding tax over bottling payments made by Schweppes correctly notified the soft drink giant of its tax liability, the Australian Taxation Office has said.

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High Court won’t hear Clive Palmer’s appeal over $102M Queensland Nickel loan
Energy & Natural Resources 2022-03-25 1:50 pm By Miklos Bolza

The High Court has declined a special leave application by Clive Palmer-owned mining firms challenging a judgment which ordered the billionaire to repay a $102 million loan taken out from Queensland Nickel prior to its collapse in 2016.

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Ashurst poaches three partners from Norton Rose Fulbright
Energy & Natural Resources 2022-03-25 3:05 pm By Cindy Cameronne

Ashurst has snagged three Norton Rose Fulbright partners to join its corporate and projects team as part of its plan to grow its energy and resources practice in the Asia-Pacific region.

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MLC admits to contraventions in $17.5M ASIC suit
Financial Services 2022-03-24 10:49 pm By Cindy Cameronne

Wealth manager MLC Limited has admitted to violating the Corporations Act by failing to send overdue notices to policyholders over a 15-year period, but will defend the bulk of ASIC’s claims in proceedings accusing it of causing $17.5 million in harm to over a quarter of a million consumers.

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Epic Games resists bid to delay Apple trial while Google catches up
Competition & Consumer Protection 2022-03-24 6:55 pm By Sam Matthews

Epic Games has argued in favour of steaming ahead with a trial in its competition case against Apple while its parallel case against Google remains in the embryonic stage, but the tech giants say Google’s litigation should catch up in the hopes that the court can hear a joint trial or hold contemporaneous hearings.

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SingTel can’t salvage $190,000 in transfer pricing deductions on $14.2B Optus buy
Tax 2022-03-24 4:44 pm By Miklos Bolza

SingTel has been blocked from making $190,000 in tax deductions after the Australian Taxation Office won its Federal Court case against the Singaporean teleco over transfer pricing benefits related to the $14.2 billion acquisition of Optus.

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‘Everybody is incredulous’: Silk tells court of surprise at Norman O’Bryan’s fall from grace
Legal Ethics 2022-03-23 10:18 pm By Christine Caulfield

Commenting on the unprecedented nature of the case against her client — the so-called postbox solicitor in the Banksia Securities class action — a senior barrister has told a court of her shock at the conduct of her former colleague at the bar, Norman O’Bryan, who acted as lead counsel in the scandal-ridden litigation.

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Judge questions if Philips class action ā€˜appropriately resourcedā€™
Class Actions 2022-03-23 3:51 pm By Cindy Cameronne

A judge has questioned whether the lead applicant in a class action over sleep apnea machines with alleged safety defects was ā€œappropriately resourcedā€ to run the case against health tech giant Philips.

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