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High Court to hear BHP challenge to foreign investors in class action
Alistair Pound 2022-02-18 10:59 pm By Cat Fredenburgh Melbourne

BHP Group has been granted special leave from the High Court to appeal a ruling that rejected its bid to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster.

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Insurer has second crack at dodging doctor’s class action defence costs
Appeals 2022-02-17 9:32 pm By Bianca Hrovat Sydney

Avant Insurance has challenged a Federal Court judge’s interpretation of the Insurance Contracts Act in its second attempt to avoid liability for the defence costs of a plastic surgeon named in a class action brought over botched breast augmentations.

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Aware Finance cops $20M penalty in ASIC fees for no service action
Allens 2022-02-17 9:04 pm By Sam Matthews Melbourne

Aware Finance, formerly StatePlus, has been fined $20 million for charging over 25,000 customers approximately $50 million for services they did not receive. 

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IOOF unit fined $6M for financial adviser’s bad advice
Caroline Kenny 2022-02-03 6:26 pm By Cat Fredenburgh Melbourne

A judge has hit IOOF unit RI Advice with a $6 million penalty for failing to rein in an adviser who reaped hefty commissions for steering clients towards risky investments, despite earlier expressing concerns the penalty may not have enough sting.

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Judge questions if ASIC’s proposed $6M penalty against IOOF unit has enough sting
ANZ 2022-02-01 4:01 pm By Bianca Hrovat Sydney

A judge has raised concerns about a $6 million penalty proposed by the Australian Securities and Investments Commission against IOOF unit RI Advice for failing to rein in an adviser who reaped hefty commissions for steering clients towards risky investments.

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SingTel loses transfer pricing dispute with ATO over $14.2B Optus acquisition
Appeals 2021-12-20 10:13 pm By Miklos Bolza Sydney

Singapore telecommunications giant SingTel cannot claim over $894 million in tax deductible “transfer pricing benefits” for interest paid by a cross-border subsidiary on a loan for the $14.2 billion acquisition of Optus, the Federal Court has ruled.

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Under ACCC scrutiny, IVF provider Virtus drops $45M Adora acquisition
Caryn Van Proctor 2021-12-17 3:52 pm By Christine Caulfield Melbourne

IVF company Virtus Health has withdrawn its offer to acquire rival Adora Fertility from Healius, citing the competition regulator’s opposition to the takeover.

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Apple denies app store monopoly, says blocking Fortnite didn’t harm Epic Games’ business
Apple 2021-11-30 11:04 pm By Cat Fredenburgh Sydney

Apple has rejected claims that it misused its market power by pulling Epic Games’ popular Fortnite game from its App Store and says the move did not affect the game developer’s business because most of its revenue comes from other platforms.

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CBA can’t throw out ‘cuckoo-smurfing’ lawsuit
Access Law 2021-11-10 12:28 pm By Miklos Bolza Sydney

The Commonwealth Bank of Australia has failed in its bid to dismiss a case brought by customers who claim they were the victims of “cuckoo-smurfing” and had funds seized as proceeds of crime because the bank breached its anti-money laundering obligations.

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Top judge did ‘unexplained violence’ to Star’s business interruption policy, Full Court told
Adam Pomerenke 2021-11-08 9:42 pm By Miklos Bolza Sydney

In rejecting a bid by The Star Entertainment Group to recoup losses stemming from the COVID-19 pandemic, the Federal Court’s Chief Justice did “real and unexplained violence” to the construction of a business interruption policy the casino giant had taken out with Chubb, the Full Court has heard.

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