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Litigation funder sued for failing to register Queensland energy class action under new rules
ASIC 2021-06-28 4:00 pm By Cat Fredenburgh Melbourne

Energy generator Stanwell has filed a lawsuit seeking to shut down the funding for a class action brought on behalf of 50,000 customers accusing it of gaming Queenland’s energy pricing system, alleging funder LCM lacked the required licence to back the case and did not register the class action as a managed investment scheme.

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ATO challenges Shell victory over $2.2B deduction for WA gas exploration project
Alain Musikanth 2021-06-24 10:00 am By Cat Fredenburgh Melbourne

The ATO is challenging a judge’s decision to allow oil giant Shell Australia $2.2 billion in deductions for the cost of certain exploration activities conducted under an acquisition that increased its stake in Woodside Energy’s Browse Basin gas exploration joint venture project.

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In victory for ACCC, Full Court tosses Geowash execs’ ‘ill-founded’ appeal
ACCC 2021-06-23 11:49 am By Miklos Bolza Sydney

Two executives of failed car washing franchise Geowash have failed in their attempt to overturn a $2.7 million penalty for overcharging and misleading franchisees, with the Full Court finding they had engaged in “a consistent pattern of conduct which was deceitful and dishonest”.

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Lex Greensill to pay tax on $58 million in gains after losing appeal
Australian Government Solicitor 2021-06-11 5:03 pm By Cindy Cameronne Sydney

Lex Greensill will need to pay tax on $58 million in capital gains, after losing a challenge to a tax assessment which included non-Australian gains from the sale of Greensill shares distributed to the founder of the collapsed collapsed UK-based supply-chain finance firm.

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Court to hear challenge to unions funding class action against UGL
Christina Trahanas 2021-06-03 12:04 pm By Cat Fredenburgh Melbourne

Engineering giant UGL will file proceedings against two unions seeking to block them from funding an underpayments class action on behalf of casual workers, with a judge noting the Full Court may need to weigh in on whether unions can fund class actions.

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Freedom Foods loses second bid to have $20M Blue Diamond feud heard in Australia
Albert Dinelli 2021-05-28 11:02 pm By Christine Caulfield Melbourne

Freedom Foods’ dispute with Blue Diamond Growers over an almond licensing deal will be heard by an arbitrator in California after an appeals court rejected the company’s plea for an Australian judge to determine the case.

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Shell wins appeal over deductions from WA gas exploration project
Alain Musikanth 2021-05-17 4:11 pm By Miklos Bolza Sydney

Fossil fuel giant Shell Australia has partially won a challenge to a tax office decision denying deductions claimed over an acquisition the increased the company’s stake in Woodside Energy’s Browse Basin gas exploration joint venture project.

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Appeal dropped by disqualified exec who argued forwarded ASIC email not proper service
Appeals 2021-04-20 4:43 pm By Cat Fredenburgh Melbourne

A Perth director of six companies that were wound up owing $100 million to creditors has dropped a challenge to his disqualification by ASIC, after unsuccessfully arguing before the Full Court that an email from the corporate regulator forwarded by his lawyer did not constitute proper service.

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Clough appeals tax ruling on $15M in cancellation of entitlements
Appeals 2021-03-25 11:28 am By Cat Fredenburgh Melbourne

Construction company Clough Limited has appealed a ruling that found it cannot claim over $15 million paid to employees for cancellation of their shares and options as a tax deduction.

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In win for ACCC, Full Court says vulnerability not essential to proving unconscionable conduct
ACCC 2021-03-22 1:39 pm By Miklos Bolza Sydney

The Full Federal Court has ruled that unconscionable conduct under the Australian Consumer Law is not confined to exploitation of vulnerable parties, in an “extremely significant” judgment that will extend the reach of the unconscionable conduct provisions and protect a wider swathe of consumers.

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