O7540 Justice

HIV-positive health workers could see restrictions relaxed

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Original article by Julia Medew
The Age – Page: 3 : 24-Jul-14

The Communicable Diseases Network of Australia (CDNA) will on 24 July 2014 issue new draft guidelines that allow health professionals with blood-borne viruses to perform "exposure-prone" procedures. This would align the local profession with rules already in effect in the UK, and cover hepatitis B and C as well as human immunodeficiency virus (HIV) infections. No mandatory testing is proposed, but HIV-positive surgeons, dentists, obstetricians and gynaecologists for example who are infected and fail to follow the CDNA guidelines could be prosecuted under federal laws

CORPORATES
COMMUNICABLE DISEASES NETWORK OF AUSTRALIA AND NEW ZEALAND|MEDICAL BOARD OF AUSTRALIA

Newcrest ‘slow to lower its forecasts’

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Original article by Matt Chambers
The Australian – Page: 18 : 23-Jul-14

The Federal Court of Australia is hearing a class action suit against Newcrest Mining, brought by law firm Slater & Gordon on behalf of investors who bought shares in the gold producer between 13 August 2012 and 6 June 2013. It is being claimed that the company was aware close to 12 months before it disclosed this officially to the stock market that its output estimates were flawed. Newcrest has now noted that the case’s scope is wider than its selective briefing of analysts, which recently prompted a settlement worth $A1.2bn with the Australian Securities & Investments Commission

CORPORATES
NEWCREST MINING LIMITED – ASX NCM|SLATER AND GORDON LIMITED – ASX SGH|AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION|FEDERAL COURT OF AUSTRALIA|LIHIR GOLD LIMITED

Blackham investors in bid to dump Gutnick

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Original article by Andrew Burrell
The Australian – Page: 20 : 22-Jul-14

Mining entrepreneur Joseph Gutnick in 2013 started building a stake of 27% in Western Australian gold producer Blackham Resources. However a dispute over his alleged failure to honour a funding deal that involved convertible notes worth $A6m in mid-July 2014 led to his removal as chair and a law suit. In response Gutnick requisitioned a stockholders’ vote to relieve MD Bryan Dixon and non-executive directors Greg Miles and Alan Thom of their duties, and to instead install Ian Daymond and Stuart Munroe on the board. In the latest step, 19% of investors have called for a meeting at which to oust Gutnick completely

CORPORATES
BLACKHAM RESOURCES LIMITED – ASX BLK, GREAT CENTRAL GOLD PTY LTD, POLO RESOURCES LIMITED, LIONGOLD CORPORATION LIMITED, ACADIAN MINING CORPORATION, SUPREME COURT OF WESTERN AUSTRALIA

Victoria to change Crimes Act on HIV

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Original article by Julia Medew
The Age – Page: 10 : 21-Jul-14

Victorian Health Minister David Davis has foreshadowed the repeal of section 19A of the Crimes Act 1958, which currently makes it an offence to knowingly transmit the human immunodeficiency virus (HIV). The announcement at the 20th International AIDS Conference in Melbourne on 20 July 2014 was applauded by anti-HIV discrimination campaigner and ex-High Court judge Michael Kirby. Victoria is the only Australian state to have such a law

CORPORATES
VICTORIA. DEPT OF HUMAN SERVICES, HIGH COURT OF AUSTRALIA, GLOBAL COMMISSION ON HIV AND THE LAW

Indigenous group delays Buru

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Original article by Andrew Burrell
The Australian – Page: 18 : 21-Jul-14

The Yawuru Native Title Holders Aboriginal Corporation has rejected a push by the listed Buru Energy for access to traditional lands in order to carry out hydraulic fracturing. However the company already has the necessary exploration permits, while there is no right for the Yawuru people to force talks under the Native Title Act. Buru has signalled it wants to co-operate with the traditional owners on the shale gas exploration, and has stressed the positive effect on job creation and affordable gas supplies in Western Australia. Buru is setting the pace among groups trying to tap the Canning Basin unconventional gas region

CORPORATES
BURU ENERGY LIMITED – ASX BRU, YAWURU NATIVE TITLE HOLDERS ABORIGINAL CORPORATION, KRED ENTERPRISES PTY LTD, ASX LIMITED – ASX ASX

Lew’s big win: DJs deal to go ahead

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Original article by Sue Mitchell
The Australian Financial Review – Page: 13 &20 : 18-Jul-14

Federal Court of Australia judge Kathleen Farrell on 17 July 2014 approved the takeover by South Africa’s Woolworths of department stores chain David Jones (DJs). Solomon Lew, a DJs stockholder with 9.9%, has struck a side deal with Woolworths, to accept the DJs bid if the suitor also buys his 11.8% in retailer Country Road to move to full ownership. Lew will gain $A212m. John Halley SC, on behalf of the Australian Securities & Investments Commission, told Farrell it was opposed to the collateral benefit aspect of the agreement, but would not block the takeover

CORPORATES
DAVID JONES LIMITED – ASX DJS, COUNTRY ROAD LIMITED – ASX CTY, WOOLWORTHS HOLDINGS LIMITED, FEDERAL COURT OF AUSTRALIA, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIA. TAKEOVERS PANEL

Historic trial is no tribulation for deaf juror

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Original article by Kim Arlington
The Sydney Morning Herald – Page: 12 : 17-Jul-14

There have been no deaf jurors in trials in Australia, but in 2006 the New South Wales Law Reform Commission called for blind as well as deaf citizens to no longer be excluded from jury duty. A mock trial is now being staged in the Parramatta District Court, during which two deaf jurors will rely on accredited Auslan interpreters to follow the proceedings. The trial is based on an actual criminal case and is being presided over by ex-District Court judge Chris Geraghty

CORPORATES
NEW SOUTH WALES LAW REFORM COMMISSION, DISTRICT COURT OF NEW SOUTH WALES, AUSTRALIAN CATHOLIC UNIVERSITY, HERIOT-WATT UNIVERSITY, UNIVERSITY OF NEW SOUTH WALES

How Telstra and NBN Co started a $200m fight

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Original article by David Ramli
The Australian Financial Review – Page: 20 : 16-Jul-14

NBN Co and Telstra are engaged in a legal dispute over the impact of increases in the CPI on their $A11 billion cable infrastructure agreement. There is a difference of $A200 million in their calculations. Telstra believes the CPI increase should apply from 2012, while NBN Co claims the increase should apply from 2013. The matter will be considered in the Supreme Court of New South Wales

CORPORATES
TELSTRA CORPORATION LIMITED – ASX TLS, NBN CO LIMITED, SUPREME COURT OF NEW SOUTH WALES

ASADA could be in breach of law

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Original article by Jon Pierik
The Age – Page: 41 : 15-Jul-14

A warning issued by the Australian Sports Anti-Doping Authority (ASADA) could have breached legislation. ASADA filed its defence document on 12 July 2014, in which it stated that it could reissue show-cause notices to 34 current and former players of Essendon Football Club. Graham Smith, a partner with Clayton Utz, says the warning could be interpreted as an infringement of the model litigant rules

CORPORATES
AUSTRALIAN SPORTS ANTI-DOPING AGENCY, AUSTRALIAN FOOTBALL LEAGUE PLAYERS’ ASSOCIATION, ESSENDON FOOTBALL CLUB, CLAYTON UTZ, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. ATTORNEY-GENERAL’S DEPT

Nitschke investigated over death of murder suspect

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Original article by Kate Hagan
The Sydney Morning Herald – Page: 8 : 11-Jul-14

The Australian Health Practitioner Regulation Agency and the Medical Board of Australia will launch investigations of voluntary euthanasia advocate Philip Nitschke. He had given advice on how to commit rational suicide to a Perth man, who was a suspect in his wife’s death. Nitschke maintains he had no duty to refer the 45-year-old to a psychiatrist, and he does not think that depression was a factor in the man’s decision to end his life. The Australian Medical Students’ Association has withdrawn an invitation to Nitschke to speak at its national congress

CORPORATES
EXIT INTERNATIONAL, MEDICAL BOARD OF AUSTRALIA, AUSTRALIAN MEDICAL ASSOCIATION LIMITED, AUSTRALIAN HEALTH PRACTITIONER REGULATION AGENCY, THE AUSTRALIAN MEDICAL STUDENTS’ ASSOCIATION LIMITED, BEYOND BLUE LIMITED