LAW – AUSTRALIA – CASES

Ruling puts Australian courts on the front line of global online TV piracy war

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Original article by Andrew Colley
The Australian Financial Review – Page: Online : 29-May-18

Australian telcos have been ordered to block access to 16 internet addresses that allow consumers to access pirated versions of subscription TV channels. The Federal Court issued an injunction in late April requiring the telcos to block access to the servers, which are primarily based in the Netherlands. The injunction had been sought by Village Roadshow and six Hollywood studios, and followed a prior decision of the Federal Court to block access to a range of websites that feature pirated video content.

CORPORATES
FEDERAL COURT OF AUSTRALIA, VILLAGE ROADSHOW LIMITED – ASX VRL, AUSTRALIAN SCREEN ASSOCIATION LIMITED, TELSTRA CORPORATION LIMITED – ASX TLS, FETCHTV PTY LTD, SINGTEL OPTUS PTY LTD, ENGLISH PREMIER LEAGUE, TELEVISION BROADCASTS LIMITED, FOXTEL MANAGEMENT PTY LTD, AUSTRALIA. DEPT OF COMMUNICATIONS AND THE ARTS, CREATIVE CONTENT AUSTRALIA, BEIN SPORTS

Bank’s conduct unconscionable

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Original article by Ben Butler
The Australian – Page: 19 & 23 : 25-May-18

Westpac faces a maximum fine of $A3.3m after the Federal Court upheld three unconscionable conduct charges with regard to the bank bill swap rate. However, the court ruled that the trades did not amount to market manipulation. Westpac would have faced penalties of up to $A2bn under revised laws that took effect after the offences in question. Its three major rivals had agreed to out-of-court settlements with the Australian Securities & Investments Commission over allegations of unconscionable conduct.

CORPORATES
WESTPAC BANKING CORPORATION – ASX WBC, FEDERAL COURT OF AUSTRALIA, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ

Labor bracing for mid-year byelections

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Original article by Tom McIlroy
The Australian Financial Review – Page: 1 & 4 : 9-May-18

The High Court will hand down its determination on whether Labor senator Katy Gallagher is eligible to sit in parliament because of her dual citizenship on 9 May. Should its decision go against her, there would be pressure on fellow Labor MPs Susan Lamb, Justine Keay and Josh Wilson and Centre Alliance MP Rebekha Sharkie to resign from parliament or be referred to the High Court. Should Lamb, Keay and Wilson resign, it is likely that by-elections would be held on the same day as the one to replace Labor MP Tim Hammond, who resigned in early May.

CORPORATES
AUSTRALIAN LABOR PARTY, CENTRE ALLIANCE, HIGH COURT OF AUSTRALIA, AUSTRALIA. DEPT OF FINANCE, NICK XENOPHON TEAM, PROFESSIONALS AUSTRALIA

Rio faces new ASIC claims over Riversdale

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Original article by Matt Chambers
The Australian – Page: 22 : 2-May-18

A Rio Tinto spokesman says the mining giant will "vigorously" contest the latest allegations regarding a writedown of its coking coal assets in Mozambique. The Australian Securities & Investments Commission has alleged that a delay in writing down the value of the assets constituted misleading and deceptive conduct. Rio Tinto, former CEO Tom Albanese and ex-CFO Guy Elliott were already facing allegations that they had not informed shareholders of a significant downgrade in the resource estimate for the Mozambique assets.

CORPORATES
RIO TINTO LIMITED – ASX RIO, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, RIVERSDALE MINING LIMITED, FEDERAL COURT OF AUSTRALIA, UNITED STATES. SECURITIES AND EXCHANGE COMMISSION, MINERALS COUNCIL OF AUSTRALIA, AUSTRALASIAN CENTRE FOR CORPORATE RESPONSIBILITY, BHP BILLITON LIMITED – ASX BHP, THE AUSTRALIA INSTITUTE LIMITED

Police material likely to back claims Shorten donation investigation improper

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Original article by David Marin-Guzman
The Australian Financial Review – Page: Online : 21-Mar-18

The Federal Court has postponed a trial concerning the Registered Organisations Commission’s investigation into the Australian Workers’ Union, and ruled that the AWU should be granted access to documents pertaining to the case. The Australian Federal Police want the documents to be subject to public interest immunity, but Justice Tony North ruled that it would be unfair for the union to go to trial without having access to the documents. He said the redacted sections could support the AWU’s claim that the ROC’s investigation was undertaken for an "improper purpose". The ROC is investigating donations to the Australian Labor Party when Bill Shorten was the union’s national secretary.

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

Tax fraud prosecutors tip raft of fresh charges

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Original article by Sam Buckingham-Jones
The Australian – Page: 4 : 14-Mar-18

Prosecutor David Moorhouse has told a Sydney court that it might take another 4-6 months to prepare the brief of evidence in a $A165m tax fraud case. Ten people have been charged with a range of offences, including the son and daughter of the Australian Taxation Office’s former deputy commissioner, Michael Cranston. Moorhouse also said the defendants may face additional or amended charges when the brief is completed. Magistrate David Price set a deadline of 13 July to file the completed brief.

CORPORATES
AUSTRALIAN TAXATION OFFICE, AUSTRALIAN FEDERAL POLICE

CBA executive was warned of possible BBSW investigation

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Original article by Ben Butler, Michael Roddan
The Australian – Page: 19 & 23 : 9-Mar-18

The Federal Court has released documents filed by the Australian Securities & Investments Commission in its case against the Commonwealth Bank of Australia for allegedly manipulating the bank bill swap rate. The documents show that CBA executives and employees had discussed influencing the BBSW as far back as 2001. Amongst other things, CBA executive Paul Bennett told former treasurer Lyn Cobley in 2011 that "aggressive" behaviour in the BBSW market by a rival bank could attract regulatory scrutiny.

CORPORATES
COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, WESTPAC BANKING CORPORATION – ASX WBC, FEDERAL COURT OF AUSTRALIA, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, PIMCO AUSTRALIA PTY LTD, HSBC AUSTRALIA HOLDINGS PTY LTD

Seven not seeking legal costs from Harrison

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Original article by Max Mason
The Australian Financial Review – Page: 3 : 28-Feb-18

The long-running legal dispute between Seven West Media and former employee Amber Harrison has returned to court. Seven alleges that Harrison was in contempt of court by posting tweets about the media group despite being subject to a suppression order. Seven is seeking a declaration to this effect from the Supreme Court of New South Wales, although sources have indicated that the company is unlikely to enforce a costs order against her. Harrison left the media group in the wake of an affair with CEO Tim Worner.

CORPORATES
SEVEN WEST MEDIA LIMITED – ASX SWM, SUPREME COURT OF NEW SOUTH WALES, PACIFIC MAGAZINES PTY LTD, DELOITTE TOUCHE TOHMATSU LIMITED, AUSTRALIAN BROADCASTING CORPORATION, NEWS CORP AUSTRALIA PTY LTD, NEWS CORPORATION – ASX NWS

Seven not seeking legal costs from Harrison

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Original article by Max Mason
The Australian Financial Review – Page: 3 : 28-Feb-18

The long-running legal dispute between Seven West Media and former employee Amber Harrison has returned to court. Seven alleges that Harrison was in contempt of court by posting tweets about the media group despite being subject to a suppression order. Seven is seeking a declaration to this effect from the Supreme Court of New South Wales, although sources have indicated that the company is unlikely to enforce a costs order against her. Harrison left the media group in the wake of an affair with CEO Tim Worner.

CORPORATES
SEVEN WEST MEDIA LIMITED – ASX SWM, SUPREME COURT OF NEW SOUTH WALES, PACIFIC MAGAZINES PTY LTD, DELOITTE TOUCHE TOHMATSU LIMITED, AUSTRALIAN BROADCASTING CORPORATION, NEWS CORP AUSTRALIA PTY LTD, NEWS CORPORATION – ASX NWS

Judge slams union’s deplorable record

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 4 : 27-Feb-18

The Construction, Forestry, Mining & Energy Union has been fined $A95,000 over a "closed shop" policy at a Melbourne construction site. CFMEU delegate Godwin Farrugia has in turn been fined $A10,000 after advising workers that they could not access the site unless their union dues had been paid. The Federal Court’s Justice Richard Tracey ruled that the CFMEU’s frequent breaches of workplace laws meant that a significant financial penalty was justified.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA, QUEST APARTMENTS PTY LTD, ARTEAM, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION