ASX Annual Report 05/06
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PaperlinX Limited ABN 70 005 146 350 7 Dalmore Drive, 28 September 2012 Scoresby, Victoria 3179 Australia Company Announcements Office Tel: +61 3 9764 7300 Australian Stock Exchange Limited Fax: +61 3 9730 9741 Level 4, 20 Bridge Street Sydney NSW 2000 PaperlinX 2012 Annual Report & Annual General Meeting Dear Sirs, Please find attached the PaperlinX 2012 Annual Report. Please note below an explanation of a revision published in the Annual Report and notification of a date change for the Annual General Meeting. 1) Revision to Note 5 Operating Segments in Full Financial Report The 2011 comparative information contained in Note 5 Operating Segments (page 51) of the Full Financial Report has been revised from the Preliminary 4E accounts (page 19) lodged with the ASX on 22 August 2012. This is due to the incorrect apportionment of restructure costs between ‘Merchanting Europe’, ‘Australia, New Zealand and Asia’ and ‘Unallocated’ segments for 2011. The revision is outlined in the table below. Merchanting - Merchanting - ANZA Unallocated Europe Appendix Annual Appendix Annual Appendix Annual 4E Report 4E Report 4E Report Profit/(loss) before net finance costs, tax and significant items 5.7 3.7 14.9 11.1 (24.0) (18.2) Significant items (pre-tax) (46.6) (44.6) (40.6) (36.8) (20.9) (26.7) Net other finance costs - - - - (2.9) (2.9) (Loss)/profit before interest and tax (40.9) (40.9) (25.7) (25.7) (47.8) (47.8) Importantly, the continuing, discontinued and group totals in the Note 5 are unchanged, as are the disclosures by segment of profit/(loss) before interest and tax. -
The Review Class Actions in Australia
SECTION ONE The Review Class Actions in Australia 2015/2016 Contents 03 Introduction SECTION ONE 04 Headlines SECTION TWO 13 Multiple class actions SECTION THREE 17 Parties and players SECTION FOUR 20 Red hot – litigation funding in Australia SECTION FIVE 24 Settlements — the closing act SECTION SIX 29 Recent developments in class action procedure SECTION SEVEN 33 Global developments SECTION EIGHT 36 Outlook – what’s next for class actions in Australia? HIGH NUMBER CONSUMER OF ACTIONS CLASS ACTION THREAT STATE THIS YEAR OF Rise in ORIGIN consumer class actions Largest FY16 settlement 35 actions DePuy hip launched 8 replacement potentially up to in FY16 in FY15 35 class actions were $1.75 launched in FY16, BILLION 29 following a historic high of WERE IN Highest value 11 $250 claims filed in FY16 MILLION NSW 40 class actions launched the previous year 2 King & Wood Mallesons Introduction Welcome to our fifth annual report on class action practice in Australia, in which we consider significant judgments, events and developments between 1 July 2015 and 30 June 2016. It was another big year for new filings, with at least 35 new class actions commenced, of which 29 were filed in New South Wales. This is a similar level of new actions to last year (up from previous periods). 16 class actions settled (2014/15: 12), and more than an estimated $600 million has been approved in settlement funds. Looking deeper into the numbers, consumer claims have seized the spotlight in a number of ways: the biggest single settlement was the $250 million settlement of a consumer claim relating to DePuy International hip replacement products; the highest value claims filed are consumer actions in relation to the alleged use of defeat devices in vehicles, with one media report estimating the total value of the claim at $1.75 billion; and the bank fees class action against ANZ was a consumer class action that failed. -
Paper and the Environment
Paper and the Environment Authors: Michael Spencer, Spencer Consulting Group Matthew Lamont, Fuji Xerox Australia Amanda Keogh, Fuji Xerox Australia August 2009 Contents 1.0 Executive Summary 3 2.0 Fuji Xerox Australia and Paper 4 3.0 Drivers of Sustainable Paper Strategies 4 4.0 Environmentally Sustainable Paper Policies 5 5.0 Life Cycle Analysis 6 6.0 Environmental Verification and Labelling 6 6.1 General environmental labelling programs 7 7.0 Fibre for paper 8 7.1 Wood sources 8 7.2 Forestry and carbon 8 7.3 Forest certification 10 7.4 Recycled fibre 12 7.5 Sourcing recycled fibre 13 7.6 Use of recovered paper 14 8.0 Water Consumption 15 9.0 Energy Consumption 16 10.0 Waste from Paper Production 17 10.1 Emissions to water 17 10.2 Emissions to land 17 10.3 Pollutant emissions to air 17 10.4 Carbon emissions 18 10.5 Carbon labelling 18 11.0 Conclusion 20 12.0 References 21 1.0 Executive Summary The purpose of this white paper is to introduce Fuji Xerox Australia Paper production has a range of environmental impacts that are employees, customers and other stakeholders to the issues not easily understood. Key environmental issues of concern are fibre surrounding paper and its environmental impacts. This paper sourcing, water and energy use and emissions to water, land and air reviews environmental issues in the pulp and paper industry, seeks to as well as greenhouse gas emissions and recycled content of paper. understand why stakeholders raise these issues and how the industry This paper will look at these issues individually but it is important is responding. -
Edition 338, 3 January 2020
Edition 338, 3 January 2020 Chris Cuffe's 10 favourite articles of 2019, plus 2 Franking credits made easy Graham Hand Marks and the tax system explained in beer Howard Marks 8 problems the Royal Commission missed Graham Hand My nine all-time essential investing lessons Shane Oliver 10 reasons many fund managers are now blank spaces Graham Hand 13 of the best: reflections from an investor Hamish Douglass Advisers must step up and articulate their value Jodie Hampshire 99% of listed companies disappear worthless Ashley Owen Most investors are wrong on dividend yield as income Peter Thornhill How to include homes in the age pension assets test Anthony Asher OK Boomer: fessing up that we’ve had it good Graham Hand Sorry, there’s no real place to hide Graham Hand Franking credits made easy Graham Hand Dudley requested: "Please publish a simple article to explain company tax, dividend imputation, franking credits and double taxation. It would help eliminate some of the woeful nonsense written on the topic. My guess is that less than 1% of the public can describe the taxation of dividends, yet it is simple and most people have some level of understanding of imputation through the PAYG system. Let's make the debate more grounded in fact." Cuffelinks has published several explanations on franking, such as by Geoff Walker, Warren Bird and Jon Kalkman. Here's the short version: to avoid taxing company profits twice, tax must be paid at either the company or individual level, but not both. If it were paid only at a company level, high income people would benefit from the 30% tax rate. -
Case Management Handbook
Law Council of Australia / Federal Court of Australia CASE MANAGEMENT HANDBOOK FEDERAL COURT OF AUSTRALIA CASE MANAGEMENT HANDBOOK 2 First published 2011. 2014 July – August: class actions, alternative dispute resolution and interlocutory applications chapters included; citations and hyperlinks checked and updated. This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Australia License. CASE MANAGEMENT HANDBOOK 3 CHIEF JUSTICE’S CHAMBERS FEDERAL COURT OF AUSTRALIA FOREWORD As noted in the original Foreword by the Honourable Justice P A Keane who was then Chief Justice of the Federal Court of Australia, when this Handbook was first launched in 2011 it was a very important development in the ongoing dialogue between the Court and the legal practitioners who practise before it about how best to manage cases before the Court. Since then the Handbook has been expanded, and planning is well advanced to extend its coverage even further. It is a remarkable achievement of the Federal Litigation and Dispute Resolution Section of the Law Council of Australia and those members of that Section who have been involved in its development. The Handbook is a practical guide about case management in litigation in the Federal Court. It provides information, guidance and ideas and discusses various tools and techniques that are available to the Court, both generally and in particular jurisdictional areas. It has been developed by experienced practitioners and has drawn on the experience of judges of the Court. It is not surprising that the Handbook has been enthusiastically embraced by the profession. Not only is it now widely used, but it is often referred to in the course of proceedings in the Court as the source of procedural and other propositions being advanced. -
The Australian Financial System in the 2000S: Dodging the Bullet
The Australian Financial System in the 2000s: Dodging the Bullet Kevin Davis* Abstract The global financial crisis (GFC) occupied only a quarter of the decade of the 2000s but, because of its severity and implications for future financial sector development, dominates the decade. The Australian financial system coped relatively well with the GFC, raising the question of whether there was something special about its structure and prior evolution which explains that experience. This paper reviews Australian financial sector performance and development over the decade, then provides a more detailed overview of the Australian GFC experience and its implications, and considers explanations for the Australian financial sector resilience. 1. Introduction The Australian (and global) financial system entered the first decade of the millennium preparing for a systems crisis, in the form of the Y2K computer scare, which on 1 January 2000 passed without event. But towards the end of the decade, the financial sector was faced with, arguably, its most serious systemic crisis ever, which the Australian financial system and economy weathered relatively well compared with advanced nations in the northern hemisphere.1 While the GFC occupied only one-quarter of the past decade (from mid 2007), it prompts the questions which this review must seek to answer. Was there something about the structure and evolution of the Australian financial system which explained its resilience in the face of the crisis; and was that resilience due to lower risk-taking by the banking sector in the lead up to the crisis? Did the distribution of risk within the financial system facilitate adjustment to the shocks encountered? What role can be attributed to government and regulatory responses following the onset of the crisis? In order to place the developments of the 2000s in context, this paper is structured as follows. -
Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Earglow Pty Ltd v Newcrest Mining Ltd [2015] FCA 328 Citation: Earglow Pty Ltd v Newcrest Mining Ltd [2015] FCA 328 Parties: EARGLOW PTY LIMITED (ACN 055 664 769) v NEWCREST MINING LTD (ACN 005 683 625) AND OTHERS (NAMED IN THE ATTACHED SCHEDULE OF PARTIES) File number: VID 406 of 2014 Judge: BEACH J Date of judgment: 10 April 2015 Catchwords: PRACTICE AND PROCEDURE – representative proceedings – securities class action – s 674 of the Corporations Act 2001(Cth) – scope and application of s 33ZF of the Federal Court of Australia Act 1976 (Cth) – application concerning first stage trial – role of institutional investors – identification and accelerated adjudication of sample institutional investor claims – application dismissed EVIDENCE – relevance – materiality – event studies – efficient capital market hypothesis – indirect causation theory – relevance of direct evidence of institutional investors Legislation: Corporations Act 2001 (Cth) ss 111AC, 111AL, 674, 676, 677, 1041H Evidence Act 1995 (Cth) ss 55, 79 Federal Court of Australia Act 1976 (Cth) ss 22, 33C, 33N, 33Q, 33R, 33ZF, 37M Cases cited: Australian Securities and Investments Commission v Fortescue Metals Group Ltd (No 5) (2009) 264 ALR 201 Australian Securities and Investments Commission v Fortescue Metals Group Ltd (2011) 190 FCR 364 Australian Securities and Investments Commission v Hellicar (2012) 247 CLR 345 Australian Securities and Investments Commission v Newcrest Mining Limited (2014) 101 ACSR 46 Blatch v Archer (1774) 1 Cowp 63 Cammer v Bloom -
Paperlinx and Spicers Paper
PUBLIC COPY ISSN NO. 0114-2720 J4344 Decision No. 415 Determination pursuant to the Commerce Act 1986 in the matter of an application for clearance of a business acquisition involving: PaperlinX Limited and Spicers Paper Limited The Commission: M J Belgrave (Chair) M N Berry E C A Harrison Summary of Proposed Acquisition: PaperlinX Limited seeks clearance to acquire the remaining 58% of the shares in Spicers Paper Limited. Determination: Pursuant to section 66(3)(a) of the Commerce Act 1986, the Commission determines to give clearance for the proposed acquisition. Date of Determination: 20 December 2000 CONFIDENTIAL MATERIAL IN THIS REPORT IS CONTAINED IN SQUARE BRACKETS [ ] 2 TABLE OF CONTENTS THE PROPOSAL ............................................................................................................................ 3 THE PROCEDURES....................................................................................................................... 3 THE PARTIES................................................................................................................................. 3 PAPERLINX..................................................................................................................................... 3 SPICERS.......................................................................................................................................... 4 BACKGROUND .............................................................................................................................. 4 OTHER -
Submission to the Productivity Commission Executive Remuneration Inquiry
Submission to the Productivity Commission Executive Remuneration Inquiry Production Commission Locked Bag 2 Collins St. East Melbourne VIC 8003 By e‐mail: [email protected] This submission to the public inquiry on executive remuneration conducted by the Productivity Commission does not necessarily aim at answering most of the questions outlined in the issues paper produced by the Commission, but rather at attempting an answer to one question that is surprisingly not often asked and has yet to receive a more precise answer: considering that the Australian population generally agrees that company executives, especially CEOs and managing directors, are overpaid, what is the quantum or the relative level of this overpayment? This submission is largely based on the work and methodology I developed in my research project on CEO remuneration, completed in 2007 for the attainment of a Masters degree in Applied Finance at the Financial Services Institute of Australasia (FINSIA; now dispensed by Kaplan Professional). I have updated the sample used in the analysis to include all ASX200 companies between 2000 and 2008. While I refer to various results from my research project occasionally in this submission, I am focusing here on the methodology used to measure excess CEO remuneration and on the analysis of these measurements. For the interest of brevity, I chose not to include or attach to this document a copy of my report. Should the Commission be interested in the other results from my research project, I will obligingly supply a copy of the report on request. Patrick Robitaille 29th May 2009 …but we must never forget that excellent leaders cannot be produced by rational methods, but only by luck. -
Directors in the Regulatory Enforcement Pyramid Recent De
University of New South Wales: 2012 Directors Duties Seminar Greg Golding and Laura Steinke King & Wood Mallesons 20 March 2012 Index 1 The general risk environment for directors in 2011 1 1.1 Implications of the Global Downturn 1 1.2 The enforcement pyramid and a more finely nuanced environment 3 1.3 An impressionistic tour of the 2011 environment 6 2 Directors and class actions 6 2.1 Background 6 2.2 GIO class action 15 2.3 Telstra class action 15 2.4 Aristocrat class action 16 2.5 Multiplex class action 17 2.6 Centro class action 19 2.7 Some observations 19 3 Civil penalty proceedings 20 3.1 An introduction 20 3.2 ASIC v Rich 21 3.3 Fortescue 22 3.4 Citrofresh 23 3.5 James Hardie 25 3.6 Centro 26 3.7 Some observations 27 4 General criminal prosecutions 28 5 Conclusions of our analysis 29 © King & Wood 27 March 2012 2 Mallesons11028124_1 Regulatory Enforcement Action in the Global Financial Crisis - Risks for the Director 1 The general risk environment for directors in 2012 This paper considers the position of the Australian director in 2012 against the framework of the directors’ place in the regulatory enforcement environment. The purpose of this paper is not to undertake a technical legal review of the various sanction regimes that are applicable to the Australian director. Instead, the purpose is to make some practical comments on the position of the director by reference to recent litigation patterns.1 1.1 Implications of the Global Downturn The adverse conditions caused by a change in the Australian business environment have been apparent over recent years. -
Clayton Utz Special.Indb
International Corporate Rescue Clayton Utz Special Issue 1 Long Tail Personal Injury Liabilities: The Australian Response Karen O’Flynn 5 Solvent Schemes of Arrangement in the Australian Reinsurance Industry Nicholas Mavrakis and Peter Mann 10 High Court of Australia Holds Failed Airline Accountable to Global Airline Clearing House Paul James and Polat Siva 14 Litigation Funding in Australia Karen O’Flynn 22 Creditors’ Claims against Third Parties Karen O’Flynn 26 Biting the Hand that Feeds You Karen O’Flynn 31 Creditors versus Shareholders: Primus Inter Pares? David Cowling 38 Insolvent Unit Trusts in Australia Jennifer Ball 42 An Administrator’s Power to Compulsorily Transfer Shares Cameron Belyea Editor-in-Chief Publishers Mark Fennessy, Proskauer Rose LLP, London Chase Cambria Company (Publishing) Ltd Publisher 4 Winifred Close Sasha Radoja, Travers Smith LLP, London Barnet, Arkley Editorial Board Hertfordshire EN5 3LR Emanuella Agostinelli, Curtis, Mallet-Prevost, Colt & Mosle United Kingdom LLP, Milan Scott Atkins, Norton Rose Fulbright, Sydney Annual Subscriptions James Bennett, KPMG, London Prof. Ashley Braganza, Brunel University London, Uxbridge A hardcopy subscription is EUR 730 / USD 890 / GBP 520; Dan Butters, Deloitte, London online: EUR 730 / USD 890 / GBP 520; and hardcopy + online: Geoff Carton-Kelly, FRP Advisory, London EUR 840 / USD 1045 / GBP 625. Rates per additional hardcopy or online user are: EUR 165 / USD 220 / GBP 145. Gillian Carty, Shepherd and Wedderburn, Edinburgh Charlotte Cooke, South Square, London VAT is charged on online and hardcopy + online subscriptions. Sandie Corbett, Walkers, British Virgin Islands Hardcopy-only is zero-rated for VAT purposes. For package Katharina Crinson, Freshfields Bruckhaus Deringer, London subscriptions, VAT is charged on the entire package. -
Who's Afraid of U.S.-Style Class Actions
Osgoode Hall Law School of York University Osgoode Digital Commons Articles & Book Chapters Faculty Scholarship 2011 Who's Afraid of U.S.-Style Class Actions Janet Walker Osgoode Hall Law School of York University, [email protected] Source Publication: Southwestern Journal of International Law. Volume 18, Number 2 (2012), p. 509-566. Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/scholarly_works This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Recommended Citation Walker, Janet. "Who's Afraid of U.S.-Style Class Actions." Southwestern Journal of International Law 18.2 (2012): 509-566. This Article is brought to you for free and open access by the Faculty Scholarship at Osgoode Digital Commons. It has been accepted for inclusion in Articles & Book Chapters by an authorized administrator of Osgoode Digital Commons. WHO'S AFRAID OF U.S.-STYLE CLASS ACTIONS? Janet Walker* I. INTRODUCTION .......................................... 509 II. A NALYSIS ............................................... 512 A . O verview ............................................ 512 B. ParticularFeatures .................................. 518 1. O bjectives ...................................... 518 2. Representation ................................. 526 3. Funding and Financing ......................... 537 4. Available Relief ................................ 546 5. Court Involvement .............................. 552 6. Compatibility with U.S.-style Class Actions ..... 559 III. FURTHER REFLECTIONS: WHAT ARE WE (THEY) A FRAID OF? . 563 I. INTRODUCTION U.S.-style class actions have become a flashpoint for debate over group litigation and the collective redress regimes emerging around the world. Everyone wants to develop better ways for consumers and others who suffer loss from mass harms to receive compensation for claims that are too small to litigate individually. Everyone wants to improve the means for encouraging responsible conduct on the part of those who might cause such harms.