LAW – AUSTRALIA – CASES

ABCC targets building union leadership

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 14 : 10-May-19

The Australian Building & Construction Commission will allege that the construction industry union breached workplace laws in trying to force Botany Cranes to sign an enterprise agreement. The ABCC has launched legal action against four Construction, Forestry, Maritime, Mining & Energy Union officials, including New South Wales secretary Darren Greenfield. Amongst other things, they are alleged to have threatened to damage the company’s equipment and stage a secondary boycott if it did not sign the agreement.

CORPORATES
CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, BOTANY CRANES, FEDERAL COURT OF AUSTRALIA, AUSTRALIAN LABOR PARTY, BOOM LOGISTICS LIMITED – ASX BOL, WGG CRANE GROUP

Peanut butter battle leaves Kraft in a jam

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Original article by Eli Greenblat
The Australian – Page: 19 : 2-May-19

Australian-listed Bega Cheese has won a trademark dispute with US food giant Kraft over the design of peanut butter packaging. The Federal Court has ruled that Bega has the exclusive right to use the distinctive packaging of Kraft Peanut Butter in Australia after it bought the brand from Kraft spin-off Mondelez International in 2017. Kraft subsequently re-entered the Australian peanut butter market using its traditional packaging, which was similar to that of Bega.

CORPORATES
BEGA CHEESE LIMITED – ASX BGA, THE KRAFT HEINZ COMPANY, MONDELEZ INTERNATIONAL INCORPORATED, FEDERAL COURT OF AUSTRALIA

Lecturer sues Sydney Uni over sacking

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 10 : 18-Apr-19

Former lecturer Tim Anderson has launched an unfair dismissal claim against the University of Sydney and deputy vice-chancellor Stephen Garton. The university claims that he was dismissed for breaching its code of conduct and public comment policy. The National Tertiary Education Union in turn alleges that the teaching material and social media posts that led to Anderson’s sacking are protected under clauses in the university’s enterprise agreement relating to intellectual freedom. In addition, it contends that his sacking was unlawful under provisions of the Fair Work Act concerning political opinion.

CORPORATES
UNIVERSITY OF SYDNEY, NATIONAL TERTIARY EDUCATION INDUSTRY UNION, FEDERAL COURT OF AUSTRALIA, JAMES COOK UNIVERSITY

Hadley facing legal action over bullying

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Original article by Zoe Samios
The Australian – Page: 2 : 18-Apr-19

A former employee of Sydney radio station 2GB is believed to planning to sue broadcaster Ray Hadley, claiming that bullying contributed to his mental health problems. Chris Bowen alleges that he was subject to ‘intense bullying’ over a 16-year period at 2GB. He first raised allegations of bullying via social media in March, but did not name Hadley at the time. Bowen has yet to file any documents in court.

CORPORATES
2GB, MACQUARIE MEDIA LIMITED – ASX MRN, LAXON LAWYERS

CFMEU charges in three states

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Original article by Ewin Hannan
The Australian – Page: 4 : 10-Apr-19

The Construction, Forestry, Maritime, Mining & Energy Union is currently the subject of 38 separate court cases launched by the Australian Building & Construction Commission. The militant union has already been fined some $3.29m so far in the 2018-19 financial year. The ABCC’s current cases against the CFMMEU include allegations that it engaged in unlawful industrial action and breached right-of-entry laws at a building site in Victoria. A union official is also alleged to have racially abused a construction site supervisor in Perth. Labor intends to abolish the ABCC if it wins the federal election.

CORPORATES
CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, AUSTRALIAN LABOR PARTY

Miners braced for wave of cultural-loss claims

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Original article by Victoria Laurie
The Australian – Page: 2 : 4-Apr-19

Indigenous land owners in Western Australia’s Goldfields region will lodge a compensation claim following the High Court’s recent landmark ruling in the Timber Creek case. Malcolm O’Dell, the lawyer representing the Tjiwarl people, says the compensation claim for economic and cultural loss resulting from mining activity may include more than 100 mining companies. Indigenous people are also expected to pursue compensation claims for mining activity in WA’s Pilbara and Kimberley regions.

CORPORATES
HIGH COURT OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA, THE CHAMBER OF MINERALS AND ENERGY OF WESTERN AUSTRALIA INCORPORATED, WESTERN AUSTRALIA. DEPT OF TREASURY AND FINANCE, TJIWARL CORPORATION, YAMATJI MARLPA ABORIGINAL CORPORATION

Land title ruling set to cost billions

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Original article by Amos Aikman
The Australian – Page: 5 : 14-Mar-19

The High Court has upheld a previous ruling of the Federal Court, which found that the Ngaliwurru and Nungali peoples are entitled to compensation for "cultural loss" caused by the construction of infrastructure such as roads and water pipelines on native title land. The court ruling is limited to 1.26sq km of land at Timber Creek in the Northern Territory, but lawyers says it is likely to prompt similar compensation claims by native title holders across Australia.

CORPORATES
HIGH COURT OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. ATTORNEY-GENERAL’S DEPT, ASHURST AUSTRALIA, AUSTRALIAN LABOR PARTY, WESTERN AUSTRALIA. DEPT OF TREASURY AND FINANCE, QUEENSLAND. DEPT OF THE PREMIER AND CABINET, NORTHERN TERRITORY. DEPT OF THE CHIEF MINISTER

‘Flawed but not illegal’: NAB digs in over fees for no service

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Original article by James Frost
The Australian Financial Review – Page: 15 & 20 : 26-Feb-19

The Australian Securities & Investments Commission’s case against National Australia Bank over claims that it charged customers for services that were not provided is due to go to court in May. NAB has conceded that it did the wrong thing in regard to customers who were not linked to a financial adviser, but the bank has rejected claims that it was in the wrong in instances where the customer was linked to a financial planner. It appears to be arguing that making advice available to this second group of customers justified the charging of a fee.

CORPORATES
NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, MLC LIMITED

Leak came from union watchdog

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Original article by Patrick Durkin, Andrew Tillett
The Australian Financial Review – Page: 6 : 15-Feb-19

Senator Michaelia Cash is due to give evidence in the Federal Court on 15 February in a case brought by the Australian Workers’ Union. She is expected to be asked to respond to allegations by her former chief-of-staff Ben Davies that he was tipped off about an Australian Federal Police raid on AWU offices by former Registered Organisations Commission media adviser Mark Lee. The AWU contends that a ROC investigation into donations made by it to GetUp and Labor leader Bill Shorten is "politically motivated" and legally invalid.

CORPORATES
AUSTRALIAN WORKERS’ UNION-FEDERATION OF INDUSTRIAL, MANUFACTURING AND ENGINEERING EMPLOYEES, FEDERAL COURT OF AUSTRALIA, AUSTRALIAN FEDERAL POLICE, AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS, AUSTRALIA. REGISTERED ORGANISATIONS COMMISSION, AUSTRALIAN LABOR PARTY

Raid leak designed to damage Shorten

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Original article by Ewin Hannan
The Australian – Page: 2 : 14-Feb-19

David De Garis has told the Federal Court that he cannot recall if he told Michaelia Cash that he intended to give the media advance notice of police raids on the offices of the Australian Workers’ Union. However, Cash’s former media adviser revealed that he had not acted alone, stating that he leaked details of the raids in partnership with Michael Tetlow, who was the media adviser to former justice minister Michael Keenan at the time.

CORPORATES
FEDERAL COURT OF AUSTRALIA, AUSTRALIAN WORKERS’ UNION-FEDERATION OF INDUSTRIAL, MANUFACTURING AND ENGINEERING EMPLOYEES, AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS, AUSTRALIA. ATTORNEY-GENERAL’S DEPT, AUSTRALIAN LABOR PARTY