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Probuild administrators look to forestall ‘nightmarish’ construction delays
Restructuring & Insolvency 2022-03-02 2:34 pm By Bianca Hrovat

Administrators for building giant ProBuild have won more time to examine its assets as they try to avoid the “nightmarish prospect” of costly delays to the company’s projects.

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Abandoned IVF clinic merger no win for ACCC, judge says
Competition & Consumer Protection 2022-03-01 4:54 pm By Christine Caulfield

The ACCC got what it wanted when IVF providers Virtus Health and Healius terminated a proposed $45 million merger, but it wasn’t a win, a judge has said in mostly denying the regulator’s bid to recover the costs of its court challenge to the deal.

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ASIC drops most claims against Rio Tinto over $5.8B acquisition
Securities 2022-02-28 1:31 pm By Miklos Bolza

The Australian Securities and Investments Commission has dropped all but one claim against Rio Tinto in a four-year-long case over disclosures related to its troubled $5.8 billion acquisition of a Mozambique coal mining business and abandoned all claims against the mining giant’s former CEO and CFO.

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ACCC weighs changing the law to rein in tech giants
Competition & Consumer Protection 2022-02-28 3:47 pm By Sam Matthews

The Australian Competition and Consumer Commission is considering whether new laws are needed to rein in Google, Apple and Facebook, including rules to curb self-preferencing conduct and strengthen the merger review framework.

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‘Wolf trader’ can wait until ASIC shows its cards, judge says
Financial Services 2022-02-25 3:32 pm By Bianca Hrovat

The self-declared “wolf trader” of the Gold Coast, Tyson Scholz, will not have to provide a concise statement in response to the Australian Securities and Investments Commission’s case accusing him of providing unlicensed financial services, a judge has ruled.

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Mayfair’s ex-lawyers may fight claim that ‘flagrant incompetence’ led to court loss
Appeals 2022-02-24 7:36 pm By Bianca Hrovat

Former legal representatives of companies in the Mayfair 101 group are considering an application to strike out part of an appeal that alleges their “flagrant incompetence” led to director James Mawhinney copping a 20-year ban on soliciting investor funds.

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High Court won’t save Lex Greensill from tax on $58M in capital gains
Tax 2022-02-24 2:19 pm By Cat Fredenburgh

The High Court has shot down Greensill founder Lex Greensill’s bid for special leave to challenge a finding that he owes tax on $58 million in capital gains, including income from the sale of shares in the collapsed UK-based supply chain finance company.

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PepsiCo takes ATO to court for taxing bottling payments by Schweppes
Tax 2022-02-23 3:30 pm By Miklos Bolza

PepsiCo has launched proceedings disputing claims by the Australian Taxation Office that amounts paid by Schweppes for local bottling and distribution services were royalties and had to be taxed accordingly.

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Judge trashes Energy Beverages’ ‘Mother’ trade marks
Intellectual Property 2022-02-22 5:56 pm By Sam Matthews

Energy Beverages, which makes Mother brand energy drinks, has failed to convince a judge that two of its ‘Mother’ trade marks should not be removed for non-use.

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GetSwift appeals judgment scathing of ‘PR-driven’ approach to disclosures
Securities 2022-02-22 10:28 pm By Christine Caulfield

Logistics company GetSwift and its directors are appealing a win for ASIC in the regulator’s case that alleged they breached their continuous disclosure obligations and engaged in misleading and deceptive conduct in the release of 22 ASX announcements.

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