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Aurizon wins share capital dispute over $4.4B loan during 2010 float
Tax 2022-04-13 3:09 pm By Miklos Bolza

Rail freight operator Aurizon has triumphed in a tax dispute with the ATO, with a court finding that credit for a $4.4 billion loan by the Queensland government made during an initial public offering in 2010 was share capital despite no shares being issued to the state government.

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‘Fugitive’ Bill Papas entitled to protect lawyer’s notes, court told
White Collar 2022-04-13 4:17 pm By Cindy Cameronne

A lawyer for Forum Finance director Bill Papas has argued the alleged fraudster should be able to shield documents held by his former lawyer under a claim for legal professional privilege despite being a ā€œfugitiveā€ from contempt charges.

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Judge hits Westpac unit with $20M penalty over conflicted remuneration
Financial Services 2022-04-08 10:53 pm By Sam Matthews

A judge has signed off on a $20 million penalty against Westpac subsidiary BT Funds Management for improperly charging 9,000 members insurance premiums that included commissions to financial advisers, a practice that was banned in 2013.

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Judge signs off on $1.5M penalty against Westpac for unsolicited insurance
Financial Services 2022-04-07 6:03 pm By Cat Fredenburgh

A judge has hit Westpac with a $1.5 million penalty for misleading 141 customers into believing they had purchased add-on insurance.

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Connective directors hit with indemnity costs for ‘outrageous’ conduct in shareholder stoush
Securities 2022-04-06 4:55 pm By Miklos Bolza

The directors of mortgage aggregator Connective Services have been hit with indemnity costs for their “outrageous conduct” in pursuing litigation against a company shareholder, including giving false statements and destroying evidence.

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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

Snap Fitness franchisee Dural 24/7 has appealed a ruling that found insurer Lloydā€™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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Judge takes ‘wait and see’ approach to trial in Epic cases against Apple, Google
Competition & Consumer Protection 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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Major banks hit back at rate-rigging class action, argue claims are barred
Competition & Consumer Protection 2022-04-04 9:10 pm By Cindy Cameronne

Five major banks including JPMorgan, Citibank and UBS have denied all wrongdoing in a class action accusing them of entering a cartel agreement to rig foreign exchange rates and argue the claims were brought out of time or are barred by settlements in overseas proceedings.

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Westpac agrees to pay $1.5M to settle ASIC case over unsolicited insurance
Financial Services 2022-04-04 1:51 pm By Cat Fredenburgh

Westpac has agreed to pay $1.5 million to settle proceedings brought by ASIC for misleading 141 customers into believing they had purchased add-on insurance.

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New evidence allowed in $300M lawsuit over ‘defective’ Lane Cove Tunnel construction
Construction 2022-03-29 3:27 pm By Sam Matthews

The operators of Sydney’s Lane Cove Tunnel can rely on new expert evidence in their lawsuit against Thiess, John Holland and CIMIC over alleged defects in the construction of the billion-dollar tunnel, with a judge finding there is a public interest in discovering the true cause of any defects.

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