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Mired in interlocutory skirmishes, protracted BHP class action just got more entangled
Class Actions 2024-06-20 11:48 pm By Christine Caulfield

BHP wants to appeal a decision giving a class action the OK to fix what a judge accepted was an “inadvertent mistake” that resulted in a ruling — itself the subject of an appeal — which limited the group member definition.

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ANZ says bailout by underwriters of $2.5B share placement not relevant to ASX
Securities 2024-05-23 11:41 pm By Sam Matthews

Challenging a ruling that it breached its continuous disclosure obligations, ANZ has argued on appeal that it did not need to inform the ASX of a bailout by the underwriters of a 2015 institutional share placement because the information didn’t go to the fundamental value of its shares.

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BHP fights class action’s bid to augment group after pleading mistake
Class Actions 2024-03-25 9:58 pm By Sam Matthews

A five-year-old class action against BHP over the collapse of a Brazilian dam is seeking to amend the group definition following a judgment limiting the class size, but the mining company says it should not be punished for the applicant’s pleading mistake.

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SingTel loses appeal in ATO case over deductions on $14B Optus acquisition
Tax 2024-03-08 10:18 pm By Sam Matthews

Telecommunications giant SingTel has lost its challenge a ruling in favour of the ATO’s decision to reject over $894,000 in tax deductions related to its $14.2 billion acquisition of Optus.

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Judge makes no bones about trashing ‘Melbourne bone and joint clinic’ trade mark
Intellectual Property 2024-02-08 1:45 pm By Sam Matthews

A Melbourne orthopaedic clinic has lost its bid to register the name ‘Melbourne Bone and Joint Clinic’ as a trade mark, with a judge finding the phrase was just an ordinary combination of words. 

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PepsiCo appeals loss in case over royalty withholding tax
Tax 2024-01-22 3:50 pm By Christine Caulfield

US drink giant PepsiCo has lodged an appeal of a court win for the Australian Taxation Office over payments made by Schweppes under a distribution agreement that were found to be subject to royalty withholding tax.

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Honda cops $6M penalty for misleading customers about dealerships
Competition & Consumer Protection 2023-12-15 10:22 pm By Cat Fredenburgh

Honda Australia has been hit with a $6 million penalty for misleading communications made to customers of three dealerships during a restructuring in which the car maker’s shuttered its independent dealer network in favour of an agency model.

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ANZ appeals disclosure breach finding over $2.5B share placement
Financial Services 2023-12-14 4:58 pm By Christine Caulfield

ANZ will appeal a ruling that it breached its continuous disclosure obligations when it failed to inform the ASX of a bailout by the underwriters of a 2015 institutional share placement.

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ANZ hit with $900,000 penalty for share placement disclosure failures
Securities 2023-12-08 3:38 pm By Christine Caulfield

ANZ’s failure to disclose a bailout by banks underwriting a $2.5 billion share placement has resulted in a penalty of less than $1 million, ending an eight-year saga that included an aborted criminal trial.

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PepsiCo loses dispute with ATO over royalty withholding tax
Tax 2023-12-01 11:57 pm By Cat Fredenburgh

In a victory for the ATO, a judge has found that payments made by Schweppes to PepsiCo as part of a bottling and distribution agreement, which did not expressly provide for payment of a royalty for use of the company’s IP, were royalties and should be taxed accordingly.

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