APPELLATE COURTS – AUSTRALIA

Google braces for conga line of claims

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Original article by Michael Pelly
The Australian Financial Review – Page: 33 : 15-Jun-18

Mills Oakley partner Stuart Gibson says at least 20 defamation cases against Google could proceed after the High Court ruled that Michael Trkulja can take legal action against the digital giant. Gibson represented Trkulja in his bid to overturn the Victorian Court of Appeal’s ruling that he had no prospect of success in his claim against Google. Trkulja launched legal action after search engine results implied that he was linked to Melbourne’s underworld.

CORPORATES
GOOGLE INCORPORATED, MILLS OAKLEY LAWYERS PTY LTD, HIGH COURT OF AUSTRALIA, COURT OF APPEAL (VICTORIA), YAHOO! INCORPORATED, UNIVERSITY OF SYDNEY

Wage justice for apprentices

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 9 : 28-Nov-17

The Electrical Trades Union estimates that Queensland apprentices could be owed as much as $A70 million in back pay. Its comments follow the full Federal Court’s decision to uphold a previous ruling by the Fair Work Commission that Queensland employers should have been paying apprentices under federal awards since the start of 2014, rather than under low-paying state awards. Employer groups such as the Master Builders Association and the Housing Industry Association had appealed the Commission’s ruling, as had training group All Trades Queensland.

CORPORATES
ELECTRICAL TRADES UNION, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. FAIR WORK COMMISSION, MASTER BUILDERS’ ASSOCIATION OF QUEENSLAND, HOUSING INDUSTRY ASSOCIATION (QUEENSLAND)

Labor to target Nats’ decisions

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Original article by Phillip Coorey
The Australian Financial Review – Page: 1 & 9 : 30-Oct-17

A study of the Constitution suggests that any ministerial decisions made by the National Party’s Barnaby Joyce and Fiona Nash after 20 October 2016 could be legally challenged after the High Court ruled that they are not eligible to sit in parliament. Labor has made no secret of the fact that it plans to make life difficult for the Federal Government during Joyce’s absence from the House of Representatives. Joyce will have recontest his seat of New England in a by-election on 2 December.

CORPORATES
HIGH COURT OF AUSTRALIA, NATIONAL PARTY OF AUSTRALIA, AUSTRALIAN LABOR PARTY, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, AUSTRALIAN GREENS, AUSTRALIAN PESTICIDES AND VETERINARY MEDICINES AUTHORITY, ONE NATION PARTY, QUEENSLAND. DEPT OF THE PREMIER AND CABINET, AUSTRALIAN BROADCASTING CORPORATION, AUSTRALIA. JOINT STANDING COMMITTEE ON ELECTORAL MATTERS

Tabcorp-Tatts merger up in air as court orders new competition hearing

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Original article by Damon Kitney, Scott Murdoch
The Australian – Page: 17 & 20 : 21-Sep-17

The Australian Competition Tribunal will reassess the proposed merger between Tabcorp and Tatts Group after the Federal Court upheld an appeal against its decision to approve the deal. However, the court has placed a five-day embargo on disclosing its reasons for ruling in favour of the Australian Competition & Consumer Commission, which will give the competition regular limited time to prepare a new submission on the $A11bn merger. The ACCC had argued that several points of law regarding the merger needed to be clarified.

CORPORATES
TABCORP HOLDINGS LIMITED – ASX TAH, TATTS GROUP LIMITED – ASX TTS, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, AUSTRALIA. COMPETITION TRIBUNAL, FEDERAL COURT OF AUSTRALIA, HIGH COURT OF AUSTRALIA, CROWNBET PTY LTD

Man loses bid for share of ex-wife’s $6m lotto win

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Original article by Michaela Whitbourn
The Sydney Morning Herald – Page: 12 : 15-Oct-14

Family Court of Australia judges Stephen Thackray, Peter Murphy and Murray Aldridge have dismissed an appeal against an earlier ruling by judge Janine Stevenson. She had heard that a lottery ticket had been bought by a woman six months after she separated from her husband of two decades. The man sought to claim part of the $A6m won on the ticket, but Stevenson cited a 2011 decision in the Family Division of the High Court of the UK and rejected his case

CORPORATES
FAMILY COURT OF AUSTRALIA, HIGH COURT OF ENGLAND AND WALES

Nudie boss lied, taxman claims

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Original article by Ben Butler, Leo Shanahan
The Australian – Page: 21 : 14-Oct-14

The family of ex-Nudie Juice CEO Andrew Binetter scored a victory over the Australian Taxation Office (ATO) in 2013, as a previous ruling by Federal Court judge Richard Edmonds was overturned. The case relates to alleged use of overseas tax havens by Binetter, uncovered in the "Project Wickenby" multi-agency investigation. The ATO now says it has found new evidence and may appeal the court’s decision, and it also claims Binetter committed perjury. Thomas Arnold of law firm Maddocks is acting on behalf of the ATO

CORPORATES
NUDIE PTY LTD, AUSTRALIAN TAXATION OFFICE, FEDERAL COURT OF AUSTRALIA, MADDOCKS, AUSTRALIA. ADMINISTRATIVE APPEALS TRIBUNAL, MERCANTILE DISCOUNT BANK LIMITED, RAWSON FINANCES PTY LTD, SIGNET LAWYERS PTY LTD, BCI FINANCES PTY LTD, BANK HAPOALIM

Lawyers appeal to High Court to overturn ‘breast cancer gene’ ruling

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Original article by Eryk Bagshaw, Amy Corderoy
The Sydney Morning Herald – Page: 11 : 18-Sep-14

Law firm Maurice Blackburn will seek to appeal a Federal Court ruling which found that private companies can patent human genes. The case concerned Myriad Genetics’ application for a patent over the BRCA1 gene, which is associated with breast cancer. Maurice Blackburn will argue that the court erred in concluding that the process of identifying a gene constitutes a form of manufacturing

CORPORATES
MAURICE BLACKBURN PTY LTD, FEDERAL COURT OF AUSTRALIA, HIGH COURT OF AUSTRALIA, MYRIAD GENETICS INCORPORATED, JONES DAY

Appeal lost on Sunday rates

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Original article by Lucille Keen
The Australian Financial Review – Page: 11 : 27-Aug-14

The Federal Court of Australia has rejected a bid to overturn the Fair Work Commission’s ruling that penalty rates for hospitality workers should be reduced. The appeal was lodged by the United Voice union, after the Restaurant & Catering Association of Victoria and Australian Business Industrial succeeded in a bid to have Sunday penalty rates reduced. Many restaurant and cafe owners do not open on weekends due to high penalty rates

CORPORATES
FEDERAL COURT OF AUSTRALIA, AUSTRALIA. FAIR WORK COMMISSION, RESTAURANT AND CATERING INDUSTRY ASSOCIATION OF VICTORIA, RESTAURANT AND CATERING INDUSTRY ASSOCIATION OF AUSTRALIA INCORPORATED, UNITED VOICE, AUSTRALIAN BUSINESS INDUSTRIAL, GARFISH, NSW BUSINESS CHAMBER LIMITED