LAW – AUSTRALIA – CASES

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

Cash forced to explain union raids evidence

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Original article by Ewin Hannan, Tessa Akerman
The Australian – Page: 4 : 13-Feb-19

Following police raids on the offices of the Australian Workers’ Union in October 2017, Senator Michaelia Cash told a Senate estimates hearing that no member of her staff had prior knowledge of the raids. However, her former media adviser David De Garis has told the Federal Court that Ben Davis – who was Cash’s chief-of-staff at the time – had informed him of the raids several hours before they occurred. De Garis later resigned after admitting that he had leaked details of the raids to the media.

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

Tax law loss delivers $82m hit to BHP

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Original article by Ben Butler
The Australian – Page: 19 : 30-Jan-19

The full Federal Court has overturned the Administrative Appeals Tribunal’s ruling that BHP and its London-listed arm are not associates for tax purposes. The case centred on the Australian Taxation Office’s dispute with BHP over its controversial marketing hub in Singapore. The ATO had alleged that BHP’s dual-listing agreement meant that its Australian division had to pay tax on the British arm’s profits under rules governing controlled foreign corporations.

CORPORATES
BHP GROUP LIMITED – ASX BHP, AUSTRALIAN TAXATION OFFICE, AUSTRALIA. ADMINISTRATIVE APPEALS TRIBUNAL, FEDERAL COURT OF AUSTRALIA, HUNTER VALLEY COAL CORPORATION

Banks’ big legal year to get busier amid Hayne fallout

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Original article by Misa Han
The Australian Financial Review – Page: 17 : 15-Jan-19

Westpac, National Australia Bank, AMP and IOOF Holdings are among the financial services groups that will be subject to legal action in 2019. Further legal action in the sector is expected in the wake of the financial services royal commission. Josh Mennen of law firm Maurice Blackburn has flagged mortgage lending practices as an area that could attract legal action. There are also indications that the Australian Securities & Investments Commission will be more willing to pursue legal action against banks in 2019.

CORPORATES
WESTPAC BANKING CORPORATION – ASX WBC, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AMP LIMITED – ASX AMP, IOOF HOLDINGS LIMITED – ASX IFL, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, MAURICE BLACKBURN PTY LTD, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, SLATER AND GORDON LIMITED – ASX SGH, GILBERT AND TOBIN LAWYERS, HERBERT SMITH FREEHILLS PTY LTD, FEDERAL COURT OF AUSTRALIA, SUPREME COURT OF NEW SOUTH WALES, SWINBURNE UNIVERSITY OF TECHNOLOGY

Unionist gets no joy over sacking

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Original article by Ewin Hannan
The Australian – Page: 5 : 9-Jan-19

The full Federal Court has dismissed an application by former union organiser Nick Belan for a judicial review of the Fair Work Commission’s decision in his unfair dismissal case. The FWC had ruled in 2017 that the National Union of Workers had been justified in sacking Belan after he admitted to the trade union royal commission that he had used a union-issued credit card for personal expenses. Belan had contended that the transcript of his evidence before the royal commission was inadmissible in the FWC case.

CORPORATES
NATIONAL UNION OF WORKERS, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIA. ROYAL COMMISSION INTO TRADE UNION GOVERNANCE AND CORRUPTION

NAB insists its breaches were not criminal acts

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Original article by Ben Butler
The Australian – Page: 13 & 18 : 19-Dec-18

National Australia Bank has conceded that its MLC Nominees subsidiary had breached the Corporations Act and the Australian Securities and Investments Commission Act. The breaches related to so-called plan service fees that the superannuation trustee company had imposed on customers despite not providing any services. NAB has acknowledged in court filings that MLC Nominees’ actions constituted misleading or deceptive conduct. The Australian Securities & Investments Commission launched legal action against NAB in September.

CORPORATES
NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, MLC NOMINEES, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, FEDERAL COURT OF AUSTRALIA, NULIS NOMINEES AUSTRALIA LIMITED, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY

ASIC goes to court in AMP document hunt

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Original article by Ben Butler, Joyce Moullakis
The Australian – Page: 15 & 19 : 18-Dec-18

The Australian Securities & Investments Commission is seeking a court order to compel AMP to provide access to documents relating to the fees-for-no-service scandal. AMP contends that the transcripts of Clayton Utz’s interviews with AMP employees regarding the scandal are subject to legal professional privilege, which ASIC disputes. The financial services royal commission had been told that Clayton Utz’s report on the scandal had been altered following discussions with key AMP executives.

CORPORATES
AMP LIMITED – ASX AMP, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, CLAYTON UTZ, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, FEDERAL COURT OF AUSTRALIA

Guilty Gregg confronts jail time

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Original article by Jenny Wiggins
The Australian Financial Review – Page: 1 & 16 : 12-Dec-18

Leighton Holdings’ former CFO Peter Gregg will be sentenced on 31 January after being convicted on two counts of falsifying the construction firm’s accounts. Gregg had pleaded not guilty to the charges of breaching section 1307(1) of the Corporations Act. Each offence carries a maximum penalty of two years in jail or a fine of $11,000. The case centred on a steel supply deal with a United Arab Emirates-based company in 2011 which involved two payments worth a combined $US15m. Gregg was Leighton’s CFO until 2014; he resigned as CEO of Primary Health Care in early 2017 to contest the charges.

CORPORATES
LEIGHTON HOLDINGS LIMITED, ASIAN GLOBAL PROJECTS AND TRADING FZE, PRIMARY HEALTH CARE LIMITED – ASX PRY, CIMIC GROUP LIMITED – ASX CIM, LEIGHTON WELSPUN CONTRACTORS PRIVATE LIMITED, QANTAS AIRWAYS LIMITED – ASX QAN, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, DISTRICT COURT OF NEW SOUTH WALES

Ten surrenders but BOSS hasn’t left court

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Original article by Nick Tabakoff
The Australian – Page: 19 : 11-Dec-18

Nine Entertainment Company may still proceed with legal action over the rebranding of the Ten Network’s digital channel despite a backdown by the broadcaster. Ten has advised that its 10 Boss channel will be rebadged as 10 Bold after Nine claimed that its logo was too similar to the "Boss" magazine supplement of "The Australian Financial Review". Nine has issued a statement in which it notes that the trademark dispute is still before the courts.

CORPORATES
NINE ENTERTAINMENT COMPANY HOLDINGS LIMITED – ASX NEC, TEN NETWORK HOLDINGS LIMITED, FAIRFAX MEDIA LIMITED, CBS CORPORATION, FEDERAL COURT OF AUSTRALIA, MACQUARIE MEDIA LIMITED – ASX MRN