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Report calls for repeal of continuous disclosure reforms for ASIC cases, but not class actions
Policy and Regulation 2024-05-16 11:14 pm By Christine Caulfield

The Morrison-era reforms that introduced a fault element to the continuous disclosure laws should be repealed for civil penalty proceedings launched by ASIC, but retained for class actions by shareholders, a report of an independent review of the changes has recommended.

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Environmental laws ‘ill-suited’ to dealing with threat of climate change, Full Court says
Environment 2024-05-16 11:52 pm By Cindy Cameronne

An appeals court has dismissed an environmental advocacy group’s challenge to the extension of two Mach Energy and Whitehaven Coal mega coal mines in NSW, saying the current environmental laws are “ill-suited” to dealing with the global threat of climate change. 

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Insurers to pay $1M in Axsesstoday class action settlement
Class Actions 2024-05-16 11:26 pm By Cindy Cameronne

Four insurers have agreed to fork over $1 million to settle an investor class action against lender Axsesstoday over an allegedly misleading prospectus for a bond offering, while claims against PricewaterhouseCoopers will move forward.

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AFP investigating large-scale data breach of mystery health information company
Privacy & Cybersecurity 2024-05-16 11:44 pm By Sam Matthews

Federal police are investigating a large-scale data breach at an unnamed commercial health information organisation, the National Cyber Security Coordinator has revealed. 

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Billabong founder loses fight with ATO over $111M Plantic sale
Tax 2024-05-16 11:11 pm By Cindy Cameronne

Billabong founder Gordon Merchant has lost his challenge to a decision by the ATO to increase his tax liability to $31 million, finding that he conducted a “wash sale” of his Billabong shares and engaged in dividend stripping on the sale of bio plastics manufacturer Plantic Technologies. 

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Pizza Hut cops $2.5 million penalty for spam breaches
Privacy & Cybersecurity 2024-05-16 11:02 pm By Andy Sidler

Pizza Hut has paid $2.5 million in penalties for breaching spam laws when it sent more than 10 million unsolicited marketing messages to customers. 

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ACCC raises concerns over Louis Dreyfus’ proposed takeover of Namoi Cotton
Competition & Consumer Protection 2024-05-16 11:42 pm By Andy Sidler

The Australian Competition and Consumer Commission has expressed concerns that France-based Louis Dreyfus’ proposed acquisition of ASX-traded cotton gin operator Namoi Cotton could substantially lessen competition and lead to higher prices for ginning services.

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CBA didn’t have to alert investors to ‘toings and froings’ of AUSTRAC probe, judge says
Class Actions 2024-05-15 11:18 pm By Cindy Cameronne

A judge that tossed two shareholder class actions against the Commonwealth Bank of Australia has found the bank did not have to alert investors to the possibility of AUSTRAC proceedings, saying investors did not expect to be apprised of the “toings and froings” of regulatory investigations.

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High Court asked to resolve appellate court split on class closure
High Court 2024-05-15 11:22 pm By Cindy Cameronne

The High Court has been asked to overturn a NSW Court of Appeal decision finding it had no power to exclude unregistered group members from a settlement, which conflicted with Federal Court precedent, hearing the divergence of the important issue “can only be resolved by the High Court”.

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‘Well outside the median range’: Judge questions GCO rate in FleetPartners class action
Class Actions 2024-05-15 10:57 pm By Sam Matthews

A judge has expressed concerns about the plaintiff’s proposed group costs order rate in a shareholder class action against fleet management company FleetPartners, saying the purpose of the GCO regime was to lower costs to group members.

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