O7540 Justice

ASIC not done yet in DJs battle

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Original article by Sue Mitchell
The Australian Financial Review – Page: 17/22 : 4-Jul-14

The Australian Securities & Investments Commission (ASIC) will carefully monitor the $A2.2 billion takeover bid for David Jones by South African retailer Woolworths. The regulator is concerned that major shareholder Solomon Lew will gain a collateral benefit from Woolworths’ accompanying offer for Country Road. ASIC failed to gain a court order for an independent valuation of the benefit. However, it has other options to force disclosure of information to David Jones shareholders

CORPORATES
DAVID JONES LIMITED – ASX DJS, COUNTRY ROAD LIMITED – ASX CTY, WOOLWORTHS HOLDINGS LIMITED, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, FEDERAL COURT OF AUSTRALIA, LONERGAN EDWARDS AND ASSOCIATES LIMITED

Union rushes to enlist

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Original article by Michael Bleby
The Australian Financial Review – Page: 10 : 4-Jul-14

Construction groups such as Lend Lease and Leighton Holdings off-shoot John Holland are warning subcontractors that they will have to comply with a new building and construction industry code. However the relevant legislation has not yet been passed by the senate, with the Federal Government needing the votes of the Palmer United Party and independents. The Construction, Forestry, Mining & Energy Union is busy signing up subcontractors to an enterprise agreement. It hopes that if sufficient numbers can be reached, it will be easier to convince senators to vote against the reinstatement of the Australian Building & Construction Commission, which would enforce the code

CORPORATES
LEND LEASE GROUP LIMITED – ASX LLC, LEIGHTON HOLDINGS LIMITED – ASX LEI, JOHN HOLLAND PTY LTD, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, MASTER BUILDERS ASSOCIATION OF NEW SOUTH WALES PTY LTD, PALMER UNITED PARTY, AUSTRALIAN LABOR PARTY, AUSTRALIAN GREENS

Commission slams transfer at sea as clear rights breach

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Original article by Sarah Whyte, David Wroe, Jason Koutsoukis
The Sydney Morning Herald – Page: 4 : 4-Jul-14

Experts on international law have sounded a warning over claims that the Australian Government is transferring asylum- seekers on two vessels to Sri Lankan navy ships before they reach local waters. The UN High Commission for Refugees has taken the unusual step of criticising the operation, while the Federal Government is not releasing any details. International refugee law specialist Jane McAdam of the University of New South Wales says of particular concern is that the Australian authorities apparently asked the would-be refugees only four questions to determine their status

CORPORATES
UNITED NATIONS. HIGH COMMISSIONER FOR REFUGEES, AUSTRALIA. DEPT OF IMMIGRATION AND BORDER PROTECTION, AUSTRALIA. DEPT OF FOREIGN AFFAIRS AND TRADE, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, AUSTRALIAN GREENS, UNIVERSITY OF NEW SOUTH WALES, AUSTRALIAN NATIONAL UNIVERSITY, UNIVERSITY OF SYDNEY

Tougher fines, demerits

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Original article by Gabrielle Knowles
The West Australian – Page: 1 : 3-Jul-14

Western Australian (WA) Road Safety and Police Minister Liza Harvey has announced an increase in fines and demerit points for motorists. This follows a Road Safety Council push for harsher penalties for such offences as using a mobile telephone while driving, running a red light or blocking emergency vehicles. Motorcyclists riding without a helmet will incur four points and a fine of $A550. However, a recommendation to also impose demerits for speeding at less than 10 km/h above the posted limit will not be adopted, despite all other states enforcing such a regime

CORPORATES
WESTERN AUSTRALIA. DEPT OF JUSTICE, WESTERN AUSTRALIA. ROAD SAFETY COUNCIL, MONASH UNIVERSITY. ACCIDENT RESEARCH CENTRE, UNIVERSITY OF ADELAIDE. CENTRE FOR AUTOMOTIVE SAFETY RESEARCH

ASIC steps into $2b DJs takeover

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Original article by Sue Mitchell
The Australian Financial Review – Page: 1-Dec : 3-Jul-14

The Australian Securities & Investments Commission has acted in the $A2.2 billion takeover of David Jones by South African retailer Woolworths. The regulator is concerned that Solomon Lew will receive a collateral benefit from Woolworths’ offer for the remaining shares in Country Road. It believes that full ownership of the two businesses will increase synergies and may affect the value of the offer. It wants David Jones and Woolworths to provide more information before the shareholders’ meeting on 14 July 2014. However, a court ruled that David Jones does not need to provide an independent valuation of the collateral benefits

CORPORATES
DAVID JONES LIMITED – ASX DJS, COUNTRY ROAD LIMITED – ASX CTY, WOOLWORTHS HOLDINGS LIMITED, GRANT SAMUEL AND ASSOCIATES PTY LTD, FEDERAL COURT OF AUSTRALIA, LONERGAN EDWARDS AND ASSOCIATES LIMITED, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Treasury Wine class action launched

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Original article by Pia Akerman
The Australian – Page: 21 : 3-Jul-14

Treasury Wine Estates (TWE) will defend a class action that claims it misled the market. Law firm Maurice Blackburn lodged the case in the Federal Court of Australia on 2 July 2014. The suit alleges that TWE failed to manage its inventory and should have known that writedowns were inevitable, but it did not inform the market. The claim is on behalf of 619 shareholders, who suffered losses after the $A190 million writedown

CORPORATES
TREASURY WINE ESTATES LIMITED – ASX TWE, MAURICE BLACKBURN PTY LTD, FEDERAL COURT OF AUSTRALIA, BENTHAM IMF LIMITED – ASX IMF, SUPREME COURT OF VICTORIA

Australia wins first battle in cigarettes row

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Original article by Amy Corderoy
The Sydney Morning Herald – Page: 4 : 3-Jul-14

A stake in Philip Morris Australia was bought by Philip Morris Asia 10 months after the then Australian government foreshadowed the introduction of plain packaging laws for cigarettes. The Permanent Court of Arbitration has now given Australia permission to challenge Philip Morris Asia’s right to launch a free trade case against the laws from Hong Kong. McCabe Centre for Law & Cancer director Jonathan Liberman says the ruling shows that the tribunal sees the objection to the tobacco group’s manoeuver as "serious and substantial"

CORPORATES
PHILIP MORRIS (AUSTRALIA) LIMITED, PHILIP MORRIS ASIA INCORPORATED, PERMANENT COURT OF ARBITRATION, McCABE CENTRE FOR LAW AND CANCER

Carabooda walls to come down

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Original article by Gabrielle Knowles, Grant Taylor
The West Australian – Page: 3 : 2-Jul-14

The Western Australian Corruption & Crime Commission has approved the use by police of anti-fortification laws. The target are a family suspected of exploiting illegal migrants as cheap labour at their market gardening business as well as money laundering. A number of raids were conducted earlier in 2014, and the high walls, metal gates and closed circuit TV cameras at the Safari Place property must now be removed. The laws had previously only been applied to outlaw motorcycle gangs, the Gypsy Jokers and the Coffin Cheaters. An appeal to Police Commissioner Karl O’Callaghan is possible

CORPORATES
THANGS FAMILY COMPANY PTY LTD, WESTERN AUSTRALIAN POLICE SERVICE, WESTERN AUSTRALIA. CORRUPTION AND CRIME COMMISSION, GYPSY JOKERS MOTORCYCLE CLUB INCORPORATED, COFFIN CHEATERS PTY LTD

Seven loses Mermaid challenge

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Original article by Andrew Burrell
The Australian – Page: 22 : 2-Jul-14

Federal Court judge Lindsay Foster has rejected an appeal against an Australian Communications & Media Authority (ACMA) ruling, sought by Seven West Media. ACMA had sided with offshore services provider Mermaid Marine, after that firm lodged a complaint about Seven Network. The free-to-air TV group’s "Sunday Night" had accused the captain of a Mermaid vessel of "murder and cowardice", when he decided conditions were too severe to come to the aid of another ship in the Gulf of Mexico

CORPORATES
MERMAID MARINE AUSTRALIA LIMITED – ASX MRM, SEVEN WEST MEDIA LIMITED – ASX SWM, SEVEN NETWORK LIMITED, TRINITY LIFTBOAT SERVICES LLC, FEDERAL COURT OF AUSTRALIA, AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY, GEOKINETICS INCORPORATED, UNITED STATES. NATIONAL TRANSPORTATION SAFETY BOARD

New rule could prevent strike

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Original article by Gareth Parker
The West Australian – Page: 3 : 1-Jul-14

Unlike other states, Western Australia (WA) did not refer its industrial relations powers to the Commonwealth. However, Federal Employment Minister Eric Abetz has now launched an amendment by regulation rather than legislation to the Fair Work Act, to enable third parties to appear in federal industrial relations cases. This will allow the WA Government as well as iron ore exporters BHP Billiton and Fortescue Metals to ask Fair Work Australia for a halt to strikes at Port Hedland. Deckhands represented by the Maritime Union of Australia are threatening industrial action against Teekay Shipping at the port

CORPORATES
AUSTRALIA. DEPT OF EMPLOYMENT, PORT HEDLAND PORT AUTHORITY, MARITIME UNION OF AUSTRALIA, TEEKAY SHIPPING (AUSTRALIA) PTY LTD, BHP BILLITON LIMITED – ASX BHP, FORTESCUE METALS GROUP LIMITED – ASX FMG, AUSTRALIA. FAIR WORK COMMISSION, WESTERN AUSTRALIA. DEPT OF COMMERCE, AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED)