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ASIC’s proposed $40M fee disclosure penalty ‘manifestly excessive’, NAB tells court
ASIC 2021-06-18 10:08 pm By Christine Caulfield

National Australia Bank has urged a court to impose a $15 million penalty for its five-year failure to adequately disclose its adviser fees, and has argued ASIC’s push for a steeper penalty goes too far.

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ASIC seeks $40M penalty against NAB over inadequate fee disclosures
ASIC 2021-06-17 3:06 pm By Christine Caulfield

National Australia Bank has admitted in court it broke the law by charging fees it was not entitled to collect, but the bank and the corporate regulator are $25 million apart on what is an appropriate penalty.

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In victory for Glencore, High Court won’t weigh in on landmark transfer pricing ruling
Andrew Roe 2021-05-26 11:03 am By Cat Fredenburgh

The High Court has denied the ATO’s request that it weigh in on Australia’s transfer pricing regime, leaving in place a Full Court victory for mining giant Glencore that left it paying $2 million of a $92 million bill relating to the sale of copper from a mine in Cobar, NSW.

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Appeals court clarifies peak indebtedness rule in partial win for Gunns creditor
Agriculture 2021-05-11 12:57 pm By Miklos Bolza

An unsecured creditor of collapsed forestry giant Gunns Group has partially succeeded on appeal of a judgment that ordered repayment of $2 million that Gunns had transferred in 2021 despite trading while insolvent.

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TasPorts agrees it misused market power, but won’t pay penalty in ACCC case
ACCC 2021-05-05 1:39 pm By Christine Caulfield

The ACCC has secured a misuse of market power declaration against Tasmanian government-owned TasPorts in the regulator’s first action under amended competition laws, but the ports company will not pay a penalty as part of an agreement to resolve the case.

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High Court to hear ATO test case over trust income disclaimers
Appeals 2021-04-20 3:16 pm By Miklos Bolza

The High Court has granted special leave in a test case by the Australian Taxation Office concerning the effectiveness of disclaimers by trust beneficiaries giving up entitlements to trust income and any associated tax obligations.

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ATO wins appeal over $2.3M Auctus R&D tax refund mistake
Alain Musikanth 2021-03-23 9:27 pm By Miklos Bolza

The Australian Taxation Office has successfully appealed a Federal Court decision finding it could not recover an R&D tax offset refund of around $2.3 million paid to Auctus Resources despite the payment being made by mistake and the mining company admitting it was not entitled to the money.

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Hendry Group says ex-CEO ousted because of ‘serious concerns’, not sex discrimination complaints
Colette Mintz 2021-03-17 4:30 pm By Miklos Bolza

Business consultancy Hendry Group has told a court there was “no possible causal connection” between sex discrimination complaints brought by a former CEO and her suspension, saying that the company showed her the door because of “genuine and serious concerns” about her conduct.

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ASIC says auditors weren’t required to school iSignthis on disclosure obligations
Ashurst 2021-03-16 10:17 pm By Cat Fredenburgh

ASIC has fired back at iSignthis’ defence to the regulator’s claims that it violated the Corporations Act by not disclosing $3 million in one-off revenue related to integration agreements, saying it was not the job of its compliance officials to school the fintech on its disclosure obligations.

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High Court grants special leave in backpacker tax case
Appeals 2021-02-12 12:53 pm By Cat Fredenburgh

The High Court has granted special leave to a British citizen who is locked in a dispute with the Australian Taxation Office over a 15 per cent ‘backpacker tax’ imposed on holders of Australian working holiday visas.

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