O7540 Justice

‘Head in bag’ killer appeals

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Original article by Tim Clarke
The West Australian – Page: 9 : 18-Nov-14

Lawyers for a 28-year-man have launched an appeal against his murder conviction and the length of his sentence. Aaron Carlino was given a minimum sentence of 23 years after being found guilty of killing and dismembering Stephen Cookson. The appeal will be based on the claim that Carlino experienced a version of "battered woman syndrome" after being subjected to bullying and threats of violence by his late employer

CORPORATES
COURT OF APPEAL (WESTERN AUSTRALIA)

Lib, Nat at odds because of abortion differences

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Original article by Matthew Dixon, Richard Willingham
The Age – Page: 6 : 18-Nov-14

Both the Liberal and National parties are running candidates in the seat of Buninyong for the Victorian state election on 29 November 2014. While the Coalition partners normally allocate preferences to each other, the Nationals’ Sonia Smith has refused to back the Liberals’ Ben Taylor. The reason is the latter’s statement at an Australian Christian Lobby event that he would like to see a repeal of laws making abortions legal. Taylor notes however that the Government has no plans for such a reform

CORPORATES
LIBERAL PARTY OF VICTORIA, NATIONAL PARTY OF AUSTRALIA, AUSTRALIAN LABOR PARTY, AUSTRALIAN CHRISTIAN LOBBY, VICTORIA. DEPT OF PREMIER AND CABINET

InvoCare fined over ‘misled’ families

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Original article by Beau Donelly
The Sydney Morning Herald – Page: 10 : 18-Nov-14

The Australian Competition & Consumer Commission has secured a court-enforceable undertaking as well as compensation payments for affected customers from InvoCare. The listed company owns the White Lady, Guardian Funerals and Le Pine funeral services chains, and had been accused of forcing clients to buy memorial plaques directly from InvoCare rather than being allowed to supply their own. In fact a relevant clause had only been added to the contracts after 2011. InvoCare conceded that it likely contravened Australian Consumer Law, and a penalty of $A102,000 has been imposed

CORPORATES
INVOCARE LIMITED – ASX IVC, WHITE LADY FUNERALS, LE PINE FUNERAL SERVICES, GUARDIAN FUNERALS, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

‘Flaw’ in corporate law could hit M&A

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Original article by Rick Wallace
The Australian – Page: 21 : 18-Nov-14

Japanese brewing group Asahi has revealed the size of its settlement deal with private equity firms Pacific Equity Partners and Unitas. It will receive $NZ220m ($A200), after claiming it had been misled over the acquisition for $A1.2bn in 2011 of the Independent Liquor business. Legal experts argue the case shows that large corporations are abusing section 18 of the Trade Practices Act, which is designed to protect small retail investors who lack the resources to carry out due diligence. The size of the compromise deal may have a dampening effect on mergers and acquisitions activity in Australia

CORPORATES
ASAHI BREWERIES LIMITED, THE INDEPENDENT LIQUOR GROUP CO-OPERATIVE LIMITED, PACIFIC EQUITY PARTNERS PTY LTD, UNITAS CAPITAL PARTNERS PTY LTD, MINTER ELLISON, SCHWEPPES AUSTRALIA PTY LTD, P & N BEVERAGES AUSTRALIA PTY LTD

Police warn they lack bikie powers

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Original article by Chris Vedelago, Nick Toscano
The Age – Page: 4 : 17-Nov-14

The High Court of Australia has backed the Queensland Government’s Vicious Lawless Association Disestablishment laws targeting outlaw motorcycle gangs. The Police Association of Victoria is urging the Victorian Government to roll out similar measures and to help police crack down on organised crime in the heavy haulage and debt collection sectors. Police are said to be frustrated at the lack of legal powers to carry out checks during a run into Melbourne on 15 November 2014 by the Mongols gang

CORPORATES
VICTORIA POLICE, VICTORIA. OFFICE OF THE ATTORNEY-GENERAL, THE POLICE ASSOCIATION OF VICTORIA, MONGOLS MC, HIGH COURT OF AUSTRALIA, UNITED MOTORCYCLE COUNCIL OF QUEENSLAND, VICTORIAN LAW REFORM COMMISSION, AUSTRALIAN LABOR PARTY

Medicinal use of cannabis on agenda

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Original article by Anna Patty
The Sydney Morning Herald – Page: 7 : 17-Nov-14

The New South Wales (NSW) Government is funding a symposium to be staged in Tamworth on 21-22 November 2014, on the legal medicinal use of cannabis for cancer sufferers and terminally ill patients. A potential trial of such an approach has the backing of both NSW Premier Mike Baird, who will open the Tamworth event, and Australian Prime Minister Tony Abbott. No Australian Medical Association representative will attend the symposium

CORPORATES
AUSTRALIAN MEDICAL ASSOCIATION LIMITED, NEW SOUTH WALES. DEPT OF PREMIER AND CABINET, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, NATIONAL PARTY OF AUSTRALIA

Councils target ANZ on sale of toxic debt

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Original article by Leo Shanahan
The Australian – Page: 31 : 14-Nov-14

Australian local government bodies led by Coffs Harbour City Council are launching legal action in the Federal Court against ANZ Bank. They allege misleading and deceptive conduct, breach of contract, breach of fiduciary duties and breach of the banking code of practice. ANZ had sold the claimants risky collateralised debt obligations between 2006 and 2008, without disclosing its own stake in the instruments. A co-respondent to the suit is credit ratings agency Fitch Ratings, which had given "AAA" status to the Credit Sail II product

CORPORATES
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, FITCH RATINGS LIMITED, COFFS HARBOUR CITY COUNCIL, FEDERAL COURT OF AUSTRALIA, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, STANDARD AND POOR’S (AUSTRALIA) PTY LTD, LEHMAN BROTHERS INCORPORATED, GLOUCESTER SHIRE COUNCIL

Uni graduate sues over thesis ‘leak’

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Original article by Elle Farcic
The West Australian – Page: 9 : 13-Nov-14

Engineering graduate Mohan Singh is seeking compensation from the University of Western Australia. He alleges that the university failed to protect his rights as the owner of his final year thesis on a high-performance material. The university allegedly breached a confidentiality agreement signed with Singh in recognition of the thesis’s commercial value

CORPORATES
UNIVERSITY OF WESTERN AUSTRALIA, SUPREME COURT OF WESTERN AUSTRALIA, CSIRO

Change laws to boost women’s super: ASFA

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Original article by Nassim Khadem
The Australian Financial Review – Page: 24 : 13-Nov-14

It is estimated that men have an average of $A197,000 in their superannuation fund upon retirement, compared with just $A105,000 for women. The Association of Superannuation Funds of Australia (ASFA) has proposed relaxing discrimination laws to permit higher employer contributions to female employees’ super accounts. The ASFA also proposes scrapping the superannuation guarantee income threshold, which is currently set at $A450 per month

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THE ASSOCIATION OF SUPERANNUATION FUNDS OF AUSTRALIA LIMITED, CHALLENGER LIMITED – ASX CGF, COLONIAL FIRST STATE GROUP LIMITED, VICSUPER PTY LTD, RICE WARNER ACTUARIES PTY LTD, AUSTRALIA. SEXUAL DISCRIMINATION COMMISSION

Shareholders target Voelte in Nexus bid

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Original article by Matt Chambers, Sharri Markson, Leo Shanahan
The Australian – Page: 23 : 12-Nov-14

Conglomerate Seven Group Holdings plans to take over Nexus Energy for $A180m, following the latter’s collapse after its board rejected an offer by Seven worth just $A0.02 a share. The fact that Seven CEO Don Voelte also had the role of chair at the gas group has sparked complaints by Nexus investors to the Australian Securities & Investments Commission. Legal action is being launched by stockholders such as Bechtel CEO Andrew Greig, ­Liberal Party president Richard Alston, Karoon Gas executive chair Bob Hosking and Michael Fowler, another ex-Nexus chair

CORPORATES
NEXUS ENERGY LIMITED – ASX NXS, SEVEN GROUP HOLDINGS LIMITED – ASX SVW, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, KAROON GAS AUSTRALIA LIMITED – ASX KAR, BECHTEL PTY LTD, LIBERAL PARTY OF AUSTRALIA