O7540 Justice

Palmer mine bid rejected

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Original article by Andrew Burrell
The Australian – Page: 5 : 5-Nov-14

Western Australian (WA) magistrate Stephen Wilson has found against the Mineralogy group, and declared its mining ­licence application in breach of the federal Native Title Act as well as WA’s Mining Act. The private vehicle of billionaire and federal MP Clive Palmer has also been criticised by the traditional Kuruma Marthudunera land owners, with Yamatji Marlpa Aboriginal Corporation CEO Simon Hawkins noting that Mineralogy has been cited by the mining warden over such flawed practices three times in a decade

CORPORATES
MINERALOGY PTY LTD, MINING WARDEN’S COURT (WESTERN AUSTRALIA), FORTESCUE METALS GROUP LIMITED – ASX FMG, YAMATJI MARLPA BARNA BABA MAAJA ABORIGINAL CORPORATION

‘Racist’ land claims law withdrawn

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Original article by Nicole Hasham
The Sydney Morning Herald – Page: 13 : 5-Nov-14

New South Wales (NSW) Lands Minister Kevin Humphries has for the time being abandoned a bill that would have been opposed in the upper house by the Shooters & Fishers Party, Australian Labor Party, Greens and Christian Democrats. It aimed to amend Crown land laws to make it impossible for Aboriginal land councils to launch land right claims to beaches and other coastal areas. Humphries had likened such claims to privatisation, and he was criticised by the NSW Aboriginal Land Council and the La Perouse Local Aboriginal Land Council

CORPORATES
NEW SOUTH WALES. DEPT OF LANDS, NEW SOUTH WALES ABORIGINAL LAND COUNCIL, LA PEROUSE LOCAL ABORIGINAL LAND COUNCIL, SHOOTERS AND FISHERS PARTY INCORPORATED, AUSTRALIAN LABOR PARTY, CHRISTIAN DEMOCRATIC PARTY (FRED NILE GROUP), THE GREENS NSW INCORPORATED

Brakes put on ‘illegal’ UberX ride-sharing

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Original article by Ben Butler
The Australian – Page: 20 : 4-Nov-14

The Victorian Taxi Services Commission has issued a stop order to mobile telephone-based car bookings group Uber, applying to its UberX service rather than the more expensive Uber Black. The former variant allows members of the general public to offer vehicles as chauffeured cars, without being licensed. Uber so far appears to be ignoring the cease-and-­desist letter written by the watchdog on 23 October 2014. Court action may follow, and would mean fines for the drivers of up to $A7,500 instead of just $A1,700

CORPORATES
UBER TECHNOLOGIES INCORPORATED, VICTORIA. TAXI SERVICES COMMISSION, VICTORIAN TAXI ASSOCIATION, MELBOURNE MAGISTRATES’ COURT, VICTORIA POLICE

House plan rejected due to relaxed tree policy

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Original article by Nicole Hasham
The Sydney Morning Herald – Page: 6 : 3-Nov-14

The New South Wales Land & Environment Court has ruled against a residential property owner who applied to clear land under new laws rolled out in August 2014. These are designed to help prevent bushfires, and allow for the removal of otherwise protected trees within 10 metres of a dwelling and shrubs within 50 metres. A number of local government councils have similarly rejected clearing proposals, while others argue that the new rules hamper legitimate property development

CORPORATES
NEW SOUTH WALES. LAND AND ENVIRONMENT COURT, NEW SOUTH WALES. DEPT OF PLANNING AND ENVIRONMENT, NEW SOUTH WALES RURAL FIRE SERVICE, HORNSBY COUNCIL, GOSFORD CITY COUNCIL, TWEED SHIRE COUNCIL, PITTWATER COUNCIL, BLUE MOUNTAINS CITY COUNCIL, NATURE CONSERVATION COUNCIL OF NSW INCORPORATED

‘Corrupt culture’ in super fund

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Original article by Joanna Mather, Sally Patten
The Australian Financial Review – Page: 1 & 6 : 3-Nov-14

Jeremy Stoljar SC, counsel assisting the Royal Commission into Trade Union Governance & Corruption, has criticised the Cbus industry superannuation fund. He argued that evidence of members’ details being leaked to the Construction, Forestry, Mining & Energy Union showed an overly close relationship and a "cultural failure". Industry Super Australia CEO David Whiteley rejects any suggestion the leak is symptomatic of practices in the sector generally. Stoljar also recommended criminal charges against some building union officials over an unlawful secondary boycott

CORPORATES
CONSTRUCTION AND BUILDING UNIONS’ SUPERANNUATION FUND, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIA. ROYAL COMMISSION INTO TRADE UNION GOVERNANCE AND CORRUPTION, BORAL LIMITED – ASX BLD, LIS-CON HOLDINGS PTY LTD, INDUSTRY SUPER AUSTRALIA PTY LTD, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, AUSTRALIAN LABOR PARTY, AUSTRALIA. ATTORNEY-GENERAL’S DEPT, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, HIGH COURT OF AUSTRALIA

Police to get access to data records

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Original article by Matthew Knott, James Massola, David Wroe
The Age – Page: 6 : 31-Oct-14

The Australian Government introduced new data retention laws into Parliament on 30 October 2014. Access to retained data will be restricted to criminal law enforcement agencies. Australian Federal Police Commissioner Andrew Colvin said the new laws could be used to prosecute those who download music and films without permission from copyright holders

CORPORATES
FAIRFAX MEDIA LIMITED – ASX FXJ, AUSTRALIAN FEDERAL POLICE, AUSTRALIA. DEPT OF COMMUNICATIONS, AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION, ISLAMIC STATE OF IRAQ AND AL-SHAM

Palmer cut $6m pre-poll cheque

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Original article by Hedley Thomas
The Australian – Page: 8 : 31-Oct-14

Chinese state enterprise Citic Pacific is suing private vehicles of iron ore joint venture partner Clive Palmer over alleged unauthorised access to an account and the withdrawal of a total $A12,167,065. Evidence tendered to the Supreme Court of Queensland shows some of the funds were channelled to the Media Circus Network public relations firm during the federal election campaign of the Palmer United Party. The latest document lodged by the defence indicates that a cheque for $A6m was written by Palmer personally

CORPORATES
CITIC PACIFIC LIMITED, PALMER UNITED PARTY, SINO IRON PTY LTD, MEDIA CIRCUS NETWORK PTY LTD, SUPREME COURT OF QUEENSLAND, COSMO DEVELOPMENTS PTY LTD, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, MINERALOGY PTY LTD, KOREAN STEEL PTY LTD

Wife who watched husband plunge to his death wins $2.6m

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Original article by
The Sydney Morning Herald – Page: 2 : 31-Oct-14

The Supreme Court of New South Wales has ruled that the City of Sydney and the Carlton Crest Hotel must pay more than $A2.6m in damages over the death of a motorist. The deceased hit a metal barrier while reversing his car in a multi-storey car park, falling to his death. The court found that both defendants were negligent in allowing the car park to be used when it did not comply with safety standards

CORPORATES
SUPREME COURT OF NEW SOUTH WALES, CARLTON CREST HOTEL, CITY OF SYDNEY

Head-in-bag jury rejects self-defence for killing

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Original article by Amanda Banks, Elle Farcic
The West Australian – Page: 6 : 30-Oct-14

Aaron Carlino has been found guilty of murdering Stephen Cookson on 15 December 2012 and disposing of his body by dismembering it and dumping the remains at sea. The Supreme Court of Western Australia jury dismissed Carlino’s claim that he acted in self-defence due to concerns that Cookson would kill him. Carlino’s cousin has been acquitted on a charge of assisting him to dispose of the body

CORPORATES
SUPREME COURT OF WESTERN AUSTRALIA

Police to get new secret search power

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Original article by Henrietta Cook, Tom Cowie
The Age – Page: 2 : 30-Oct-14

The Victorian Government, if re-elected in late November 2014, will make changes to the law on criminal investigation powers of the police force. Greg Barns, a barrister and the spokesperson for the Australian Lawyers Alliance, has voiced concern at the proposal to make it legal to gain fingerprints and DNA samples from those "suspected" rather than "believed" to have committed an offence. Law Institute of Victoria criminal law section co-chair Sam Norton has also criticised planned new covert warrants that will let police search homes in secret

CORPORATES
VICTORIA POLICE, VICTORIA. OFFICE OF THE ATTORNEY-GENERAL, LAW INSTITUTE OF VICTORIA, AUSTRALIAN LAWYERS ALLIANCE