Superannuation

ASIC sues Mercer Super over ‘longstanding and systemic’ failures

Mercer Super faces enforcement action by ASIC, alleging the superannuation giant failed to inform the watchdog about investigations into serious issues, including a failure to refund premiums to dead members.

Trials

Murray Darling authority slams class action’s ‘incoherent’ duty of care claim

The public body in charge of managing the Murray Darling’s water resources has slammed as "incoherent" a class action's claims that it owes a duty of care to protect farmers and irrigators against economic loss.

M&A

ACCC flags concerns over Kegstar’s acquisition of only competitor

The competition watchdog has raised concerns over the proposed tie-up of Kegstar and Konvoy -- the only operators in the niche industry of keg pooling -- saying the deal could mean higher prices.

Tax

HESTA super fund says ATO overtaxed it by $11M

HESTA Super has complained that the tax office has unfairly stripped it of $11 million in franking credits, denying it did not hold the credits 'at risk' for the required 45-day period. 

ASIC

eToro can rely on late evidence in novel ASIC case over CFDs

Online investment platform eToro has won its bid to rely on late expert evidence in ASIC's first-ever action alleging breach of obligations in designing and selling financial products over high-risk contracts for difference.

Employment

Former Labor MP, now workplace umpire not DQ’d from ‘same pay’ cases: court

A judge has dismissed a bid by a group of labour hire companies to disqualify former Labor MP now Fair Work Commission deputy president Terri Butler from same job, same pay cases for apprehended bias.

Analysis

Apple, Google ruling to boost competition class actions against tech giants

A landmark finding that Apple and Google misused their market power will boost competition claims -- including class actions -- against other dominant digital market players and could prompt the ACCC to consider action, experts told Lawyerly.  

Intellectual Property

PepsiCo wins High Court fight with ATO over royalty withholding tax

In a major loss for the Australian Taxation Office, a High Court majority has found an agreement between US soft drink giant PepsiCo and Schweppes Australia to sell brands such as Pepsi and Mountain Dew in Australia was not subject to a royalty withholding tax.

Financial Services

NAB hit with $15.5M penalty for mishandling financial hardship requests

National Australia Bank and its home loan lender subsidiary have been ordered to pay a $15.5 million penalty after admitting to mishandling hundreds of customer hardship applications.

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