Australian court sets a high bar for challenges to arbitrators

By Leon Chung, Guillermo Garcia-Perrote and Samara Cassar The Supreme Court of New South Wales has recently confirmed that, in Australia, the relevant test for challenges to the independence or impartiality of arbitrators is the ‘real danger of bias’ test, rather than the lower threshold of the ‘reasonable apprehension of bias’ test applicable at common … Read more

Tax Insight: ATO’s Taxpayer Alert on Treaty Shopping

By Toby Eggleston, Hugh Paynter, Professor Graeme Cooper The ATO has released a new Taxpayer Alert [TA 2022/2] on treaty shopping arrangements, in particular: “arrangements designed to obtain the benefit of a reduced withholding tax … rate … in relation to royalty or [unfranked] dividend payments from Australia.” Read more

NZ Law Commission recommends Class Action Act

By Melissa Gladstone-Joyce, Brock Gunthorpe and Michael Greatrex New Zealand is one step closer to a legislated class action procedure after the recent publication of the New Zealand Law Commission’s (NZLC) final report on Class Actions and Litigation Funding. The report says class actions and litigation funding can make important contributions to improving access to … Read more

Litigation funding as a MIS a “square peg in a round hole”

By Elizabeth Poulos Court reverses earlier decision The Full Federal Court has overturned its previous decision in Brookfield Multiplex Ltd v International Litigating Funding Pte Ltd [2009] FCAFC 147; (2009) 180 FCR 11 (Brookfield), finding in 2022 that a relevantly identical litigation funding arrangement to that in Brookfield did not, in fact, have the features … Read more

Class Actions Fireside Podcast Series: EP17: Bracing for a year of change

Episode 17: Bracing for a year of change Our expert panel of Jason Betts, Aoife Xuereb, and Melissa Gladstone-Joyce discuss what a new government means for the class action landscape, and revisit their 2022 predictions by sharing key developments on issues such as class closure and the award of contingency fees. Read more

The ‘gist’ of the GILTI rules is not quite right

By Ryan Leslie The ATO issued its final determination on whether the US GILTI rules ‘correspond to’ Australia’s CFC rules for the purposes of applying Australia’s anti-hybrid rules – the determination maintains the position outlined in draft in 2019 that the rules do not correspond meaning that hybrid-mismatches can be taken to exist even though … Read more

Re-opening of class closure in Federal class actions

By Jason Betts, Christine Tran, Aoife Xuereb, Brock Gunthorpe and Maddison Ives In 2020, two decisions of the NSW Court of Appeal created considerable doubt on the availability of class closure orders in class actions filed in the Federal Court: see article here. In February 2022, the Full Court was asked to clarify the position … Read more

40% contingency fee awarded in Victoria

By Jason Betts, Christine Tran, Aoife Xuereb and Sam Bytheway In August 2020, an open funded representative proceeding was filed on behalf of shareholders against four former directors of Arrium Limited and its auditor, KPMG. It is alleged that the defendants made misleading or deceptive statements in the published financial results as to the compliance … Read more