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Class actions

Class actions
ATO faces off against PepsiCo in Australia's High Court
PepsiCo is facing off against the Australian Tax Office (ATO) today over distribution arrangements and diverted profits tax in a two-prong case. At the heart of the case is whether an arrangement with Schweppes Australia for an exclusive bottling agreement included royalties subject to Australian tax. The case began in the 2018-19 financial year when the tax office assessed PepsiCo and Stokley Van-Camp as non-residents liable for royalty withholding tax. Schweppes Australia entered into three different exclusive bottling agreements with PepsiCo and Stokley-Van Camp Inc. for Pepsi, Mountain Dew and Gatorade. Under the deal, Schweppes Australia had the "right to use trademarks and other intellectual property… to manufacture, bottle, package, sell and distribute finished PepsiCo Group branded beverages", ATO submissions to the High Court said. Schweppes Australia began paying an Australian member of the Pepsi group, PepsiCo Beverage Singapore, for the concentrate to make the drinks. The ATO told the High Court that 99.95% of that money was passed on to a Singaporean company in the PepsiCo group. "No separate amounts were paid by [Schweppes Australia] to [PepsiCo/Stokley-Van Camp] even though those e
Class actions
ASIC puts interim stop orders on Green Planet Recycling
The Australian Securities and Investments Commission has issued two interim stop orders against Green Planet Recycling Solutions Limited. The orders were made placed on the unlisted public company over an offer of Company Securities lodged with ASIC on 29 January 2025, looking to raise up to $20 million. The orders were then place due to concerns about not meeting disclosure requirements, that fall under the Corporations Act and allegedly misleading statements about sustainability. The information that ASIC says was not “adequately disclosed” includes historical financial information, its business model, proposed use of funds, rights and liabilities and capacity to pay dividends. When and if ASIC’s finds these issues resolved they can revoke the interim stop orders, which are valid for 21 days unless revoked earlier.
Class actions
Australian firm accused of 'major fraud' on Timor-Leste
The tiny island nation of Timor-Leste has vowed to fight a decade-old lawsuit from an Australian company that claims the world’s newest democracy breached a 2010 fuel supply deal. If unsuccessful in having the case dismissed later this month, Timor-Leste plans to contest the lawsuit at trial as an attempt to perpetrate "a major fraud" against its government. Energy infrastructure services platform, Lighthouse is suing the Timor-Leste government for $523 million plus interest and legal costs in the Supreme Court of Victoria for loss of potential profits the company could have allegedly made from a supply deal. Over 10% of GDP It’s understood that the amount Timor-Leste is being sued for represents over 11.5% of the country’s total GDP of $4.55 billion — a sum that experts predict would create a major financial burden for the small South-East Asian nation. Lighthouse said in its lawsuit that it entered into a seven-year fuel supply agreement with the Timor-Leste government in late October 2010. Under the terms of the deal, Lighthouse was to supply seven million litres of diesel fuel per month and provide eight emergency power generators free of charge, on the condition that only its fuel would be used. Pay
Class actions
Rio Tinto, BHP in sexual harassment class action
Global mining giants BHP Group and Rio Tinto are facing sexual harassment class actions in Australia. The allegations cover a wide range of widespread and systemic sexual harassment incidents at Australian mine sites, according to law firm JGA Saddler. On Wednesday, JGA Saddler said the women who spoke about the harassment were allegedly discriminated against by the miners and that it expects "thousands" of female workers to join the class actions. The lawsuit reportedly claims that women were urinated on, defecated in front of, sexually groped, ridiculed and sacked if they spoke out, with many forced to sign NDAs. Australia’s sex discrimination commissioner, Dr Anna Cody, told ABC News she was “deeply concerned” that NDAs were reportedly being used to handle the issue and that they shouldn’t be used as a blanket way of dealing with the complaint. "There is a question to answer around if a company is using a lot of those confidentiality clauses or non-disclosure agreements, whether it's complying with its positive duty because one of those requirements is transparency and accountability,” she said. "The board needs to know, the directors need to know, the leadership needs to know." JGA Saddler lawyer, Joshua A
Class actions
ASIC starts proceedings on QBE's pricing mechanism
ASIC has commenced court proceedings alleging QBE Insurance (Australia) Limited (QBE) misled customers about the value of discounts offered on certain general insurance products. In response via an ASX announcement, QBE acknowledged ASIC's civil penalty proceedings against its subsidiary which alleges contraventions of the ASIC Act 2001 (Cth). It says the proceedings relate to previously reported inconsistencies in the delivery of price promises made to customers with caravan, householders, marine and motor policies issued between 1 July 2017 and 24 September 2022. "Following an external review of its pricing practices in 2022, QBE has taken steps to address the inconsistencies. It reported the issues to ASIC and co-operated with ASIC’s investigation which culminated in today's development. "QBE has also undertaken a remediation program to remediate impacted customers as announced to the ASX on 19 July 2022. QBE apologises for the inconsistencies. "QBE understands the importance of meeting its promises to its customers. QBE will review the pleadings and continue to work with ASIC on these matters," QBE said in a statement. ASIC Deputy Chair Sarah Court said, "ASIC alleges QBE’s pricing model potentially eroded th