Prhb
That's kinda what I understood as well, but when I rang the ATO, it seemed there wasn't a ruling on it. They referred me to the earlier GIO ruling, which isn't very useful, though there may be something buried in that 300 page ruling that I missed!
Ville - I made a capital loss as well, but I've already declared it, so the class action settlement cancels some (not much) of it.