LAW – AUSTRALIA – CASES

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

Union demands action over ‘rogue’ building watchdog

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Original article by Ewin Hannan
The Australian – Page: 5 : 20-Sep-17

The Electrical Trades Union’s national secretary Allen Hicks has criticised the Australian Building & Construction Commission for pursuing costs against the union. The ETU challenged the validity of the national building code in court earlier in 2017, but subsequently abandoned the case. However, former ABCC head Nigel Hadgkiss sought a ruling against the union on costs. Hicks argues that Hadgkiss should have been aware that there was little chance of costs being awarded, and he wants the Federal Government to ensure that the ABCC is accountable for its expenditure on litigation.

CORPORATES
AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, ELECTRICAL TRADES UNION, AUSTRALIA. ATTORNEY-GENERAL’S DEPT, AUSTRALIA. DEPT OF EMPLOYMENT, SA POWER NETWORKS, ASHURST AUSTRALIA, FEDERAL COURT OF AUSTRALIA

CFMEU hit with $2.4m record fines

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Original article by Ewin Hannan
The Australian – Page: 1 & 7 : 14-Sep-17

Federal Court judge Geoffrey Flick has described the Construction, Forestry, Mining & Energy Union as a "recidivist offender" after finding that it had engaged in unlawful industrial action. The militant union and eight of its officials have been fined more than $A2.4m in total over the industrial action at Sydney’s Barangaroo development in 2014. Justice Flick has also referred four CFMEU officials to the director of Public Prosecutions for possible further legal action over claims that they gave false testimony to the court.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. DIRECTOR OF PUBLIC PROSECUTIONS, AUSTRALIA. DEPT OF EMPLOYMENT

Next battle: same-sex campaign rules

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Original article by David Crowe
The Australian – Page: 1 & 5 : 8-Sep-17

The Federal Government will shortly begin distributing ballot papers for the postal plebiscite on same-sex marriage after the High Court ruled that it can proceed. Prime Minister Malcolm Turnbull and Opposition Leader Bill Shorten have urged all Australian electors to participate in the voluntary survey. The Government is drafting the rules for the eight-week public campaign on the issue of marriage equality, while there is growing concern about the potential impact of legalisation of same-sex marriages on religious freedom.

CORPORATES
HIGH COURT OF AUSTRALIA, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, AUSTRALIAN LABOR PARTY, AUSTRALIAN CONSERVATIVES, LIBERAL PARTY OF AUSTRALIA, AUSTRALIA. DEPT OF FINANCE, AUSTRALIAN GREENS

Twiggy’s court win backfires on Fortescue

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Original article by Tess Ingram
The Australian Financial Review – Page: 3 : 6-Sep-17

Andrew Forrest was recently successful in obtaining a ruling from the High Court to prevent two firms from lodging mining applications over his Minderoo cattle station in Western Australia. The ruling caused concern that other mining applications previously made in WA may not be valid, including those made by Fortescue Metals Group, which was founded by Forrest. Records show that Fortescue has made applications for 16 mining leases since the High Court ruled in Forrest’s favour, with some applications appearing to be for existing Fortescue leases.

CORPORATES
FORTESCUE METALS GROUP LIMITED – ASX FMG, HIGH COURT OF AUSTRALIA, YARRI MINING PTY LTD, WESTERN AUSTRALIA. DEPT OF MINES, INDUSTRY REGULATION AND SAFETY, ONSLOW RESOURCES LIMITED

Boral’s threat to fire workers over building code unlawful

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 7 : 4-Sep-17

Most of De Martin & Gasparini’s employees in Sydney rejected proposed changes to their enterprise agreement in June, prompting parent company Boral to threaten all DMG employees with dismissal. The Federal Court has ruled that Boral acted unlawfully in threatening to sack DMG staff unless they endorsed changes to make their enterprise agreement compliant with the new building code. DMG subsequently secured a deal with the Construction, Forestry, Mining & Energy Union to make its enterprise agreement compliant with the code.

CORPORATES
BORAL LIMITED – ASX BLD, DE MARTIN AND GASPARINI PTY LTD, FEDERAL COURT OF AUSTRALIA, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA

Village to sue hundreds of Aussies for piracy

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Original article by John Davidson
The Australian Financial Review – Page: 29 : 21-Aug-17

Village Roadshow intends to pursue legal action against Australians who download illegal copies of films and TV shows. Co-CEO Graham Burke says the film producer will only seek to recover the loss of revenue as a result of the piracy, as well as costs, rather than the huge damages payouts that had been initially been awarded for copyright violation in the US. The Federal Court recently ruled that local ISPs must block access to an additional 42 websites that provide access to pirated content.

CORPORATES
VILLAGE ROADSHOW LIMITED – ASX VRL, FEDERAL COURT OF AUSTRALIA, CREATIVE CONTENT AUSTRALIA, GOOGLE INCORPORATED, TELSTRA CORPORATION LIMITED – ASX TLS, SINGTEL OPTUS PTY LTD, IPRIMUS

Forrest wins fight to keep miners off his land

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Original article by Paul Garvey
The Australian – Page: 17 & 21 : 18-Aug-17

The High Court has upheld Andrew Forrest’s challenge to the validity of licences that were issued to Yarri Mining and ­Onslow Resources to mine sand on his Minderoo cattle station in Western Australia. The court ruled that the private companies’ mining proposals and mineralisation reports had been lodged after their mining lease applications, in breach of the Mining Act. The ruling could have implications for other mining licences in WA, and Gilbert + Tobin partner Marshall McKenna estimates that around five per cent of mining leases in the state could now be invalid.

CORPORATES
YARRI MINING PTY LTD, ONSLOW RESOURCES LIMITED, HIGH COURT OF AUSTRALIA, GILBERT AND TOBIN LAWYERS, WESTERN AUSTRALIA. DEPT OF MINES, INDUSTRY REGULATION AND SAFETY, FORTESCUE METALS GROUP LIMITED – ASX FMG, CAULDRON ENERGY LIMITED – ASX CXU, PERTH GLORY SOCCER CLUB PTY LTD

Unlawful strikes cost ‘woeful’ CFMEU $300,000

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Original article by Ewin Hannan
The Australian – Page: 7 : 4-Aug-17

The Construction, Forestry, Mining & Energy Union has been ordered to pay $A300,000 in fines arising from unprotected strike action at three Queensland building sites in May 2011. The Federal Court described the CFMEU as a "recidivist" with a long history of failing to comply with workplace laws. The Communications, Electrical & Plumbing Union has been fined $A130,000 for participating in the unlawful strike action, and the court noted that it has a better record of complying with workplace laws than the CFMEU.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIAN LABOR PARTY

CBA faces laundering rap

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Original article by James Frost
The Australian Financial Review – Page: 1 & 12 : 4-Aug-17

AUSTRAC has accused the Commonwealth Bank of Australia of not being in compliance with money-laundering regulations, and has launched legal action against it in the Federal Court. AUSTRAC contends that the CBA has not properly monitored or reported large cash transactions being made through its ATMs. AUSTRAC has stated that there have been 53,700 occasions since 2012 when the $A10,000 threshold above which transactions must be disclosed were exceeded, but they were either not reported to AUSTRAC or were not reported in time for it to take action. A maximum penalty of $A18 million applies to each incident of non-compliance with disclosure rules.

CORPORATES
COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, AUSTRALIA. ATTORNEY-GENERAL’S DEPT. AUSTRALIAN TRANSACTION REPORTS AND ANALYSIS CENTRE, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. DEPT OF THE TREASURY, BNP PARIBAS SA