As part of a wide-ranging crackdown on multinational tax avoidance, the Australian Federal Government and the Australian Tax Office have introduced significant reforms to the country’s transfer pricing regulations. The...more
12/5/2017
/ Arms Length Transactions ,
Australia ,
Australian Tax Authority ,
Corporate Taxes ,
Diverted Profits Tax ,
Foreign Tax ,
International Tax Issues ,
Multinationals ,
New Rules ,
OECD ,
Tax Avoidance ,
Transfer Pricing
The Background: The defendant was faced with two "open" class actions (i.e. including all putative group members) in relation to the same allegations.
The Issue: The defendant sought a court order permanently staying...more
The Situation: Currently, limited protections exist in Australia for private sector whistleblowers against victimization and detrimental treatment.
The Development: The Australian government has released draft law that...more
11/2/2017
/ ASIC ,
Auditors ,
Australia ,
Competition Authorities ,
Corporate Misconduct ,
Disclosure Requirements ,
Financial Institutions ,
Indemnification ,
Insurance Industry ,
Ombudsman ,
Police ,
Private Sector ,
Proposed Legislation ,
Superannuation ,
Trustees ,
Whistleblower Protection Policies ,
Whistleblowers
The Situation: On 22 September 2017, the Australian Government released a draft bill for the introduction of a Banking Executive Accountability Regime ("Proposed BEAR") allowing only five working days for submissions....more
Recently, in Jones v Treasury Wine Estates Limited (No 2) [2017] FCA 296, the Federal Court deviated from past class action practice. Registration was required to facilitate a mediation and group members could only...more
For the first time, the Federal Court of Australia has allowed the applicants in an Australian proceeding to make applications for orders under 28 USC § 1782. In Lavecky v Visa Inc [2017] FCA 454 ("Lavecky"), the applicants...more
Following the 2009 Montara Oil Field oil spill in the Timor Sea, an Indonesian seaweed farmer brought a class action in Australia against the operator of the Montara Oil Field. The action was commenced on behalf of a class of...more
2016 saw a number of transformational developments in class action litigation in Australia, providing further evidence of the impact this form of litigation is having in terms of cost and risk for business. While the year...more