LAW – AUSTRALIA – CASES

Fortescue ‘portrayed former execs as dishonest’, court told

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Original article by Angelica Snowden
The Australian – Page: 13 & 16 : 20-Aug-24

Element Zero is seeking to have search orders awarded to Fortescue in May by Federal Court judge Melissa Perry thrown out; Parry granted the orders on the back of allegations that former Fortescue executives who are now directors of Element Zero had stolen Fortescue’s intellectual property. In trying to convince Federal Court judge Brigitte Markovic that the orders granted by Parry should be thrown out, the Element Zero directors told the court on Monday that Fortescue had sought to portray them as ‘shady actors’ who were seeking to steal its ‘green iron secrets’ so as to justify its request for the orders, which saw it raid their homes and offices.

CORPORATES
FORTESCUE LIMITED – ASX FMG, ELEMENT ZERO PTY LTD, FEDERAL COURT OF AUSTRALIA

War crimes whistleblower jailed for nearly six years

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Original article by Michael Pelly
The Australian Financial Review – Page: Online : 15-May-24

Defence whistleblower David McBride will spend a minimum of 27 months in prison for providing classified military documents to journalists. The ACT Supreme Court has sentenced McBride to five years and eight months in jail, and he will be eligible for parole in August 2026. Justice David Mossop said the former military lawyer’s actions were a "gross breach of trust" of his position in the Australian Defence Force, and others must be deterred from engaging in similar conduct. The leaked documents were subsequently used as the basis for a series of media reports on Australian solders’ alleged war crimes in Afghanistan.

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SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY, AUSTRALIAN DEFENCE FORCE

More staff come forward in Super Retail legal case

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Original article by Carrie LaFrenz, Ayesha de Kretser
The Australian Financial Review – Page: 15 : 30-Apr-24

Harmers Workplace Lawyers has confirmed that it is acting for four female employees at Super Retail Group who are seeking compensation over alleged governance breaches, including an undisclosed relationship between CEO Anthony Heraghty and its former head of HR, Jane Kelly. Harmers has stated that more staff have come forward to join the action after Super Retail Group disclosed the relationship in an announcement on Friday, with the company stating that it expected two employees to bring a claim for between $30 million and $50 million alleging governance failures, including the non-disclosure of the romance between Heraghty and Kelly.

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SUPER RETAIL GROUP LIMITED – ASX SUL, HARMERS WORKPLACE LAWYERS

Santos gets green light on $5bn project

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Original article by Colin Packham
The Australian – Page: 13 & 14 : 16-Jan-24

The Federal Court’s Justice Natalie Charlesworth has ruled that Santos will not need to revise its environmental plan for the $5.3bn Barossa LNG project in the Timor Sea. Justice Charlesworth ordered Santos to temporarily stop work on a 262km pipeline in late 2023, pending a final ruling on Tiwi Islanders’ legal challenge to the Barossa project; Justice Charlesworth on Monday said she was not convinced that the pipeline would cause irreparable harm to the cultural heritag of the traditional owners. Santos CEO Kevin Gallagher says the company will shortly resume its drilling program, adding that the court ruling will have broad economic benefits.

CORPORATES
SANTOS LIMITED – ASX STO, FEDERAL COURT OF AUSTRALIA

Secrecy of Bernard Collaery trial risked damaging public’s faith in administration of justice, court rules

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Original article by Sarah Basford Canales
The Guardian Australia – Page: Online : 10-Jan-24

The former Coalition government is under further scrutiny over the Bernard Collaery whistleblower case. The ACT has released details of a judgment in which it concluded that the Coalition’s decision to allow much of Collaery’s trial to remain behind closed doors had put too more emphasis on the issue of national security rather than the administration of justice. The court removed many of the secrecy provisions after deeming that "no risk to national security would materialise". Labor dropped the charges against Collaery several months after winning the 2022 election.

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COURT OF APPEAL (AUSTRALIAN CAPITAL TERRITORY), AUSTRALIAN LABOR PARTY

Absolutely no political cover-up of Higgins’ alleged rape’

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Original article by Joanna Panagopoulos
The Australian – Page: 1 & 5 : 20-Dec-23

Bruce Lehrmann’s defamation case against the Ten Network and presenter Lisa Wilkinson continued in the Federal Court on Tuesday. Fiona Brown, the former chief of staff for senator Linda Reynolds, refuted suggestions that the alleged rape of Liberal staffer Brittany Higgins had been covered up. Brown also said Higgins had disclosed that she could remember Lehrmann being "on top of me" but had not made an allegation of rape. Wilkinson has previously told the court that she believed that Brown and Reynolds were "knowing participants in a systemic cover-up" of Higgins’ alleged rape. Lehrmann has consistently denied that he raped Higgins. The court will hear closing submissions in the case on Thursday.

CORPORATES
FEDERAL COURT OF AUSTRALIA, LIBERAL PARTY OF AUSTRALIA

Qantas flights detailed before Joyce sale

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Original article by Ayesha de Kretser
The Australian Financial Review – Page: 17 : 9-Nov-23

Documents filed in the Federal Court show that on 29 May Qantas provided the Australian Competition & Consumer Commission with the details of more than 18,000 flights it had cancelled. This was just three days before chairman Richard Goyder approved the sale of $17m worth of the airline’s shares by former CEO Alan Joyce. The ACCC has launched legal action alleging that Qantas had engaged in false, misleading or deceptive conduct by selling tickets for flights that it had already cancelled.

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QANTAS AIRWAYS LIMITED – ASX QAN, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Court urged to make example of CBA on pay

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 3 : 13-Sep-23

The Federal Court has been urged to impose the maximum penalty on the Commonwealth Bank of Australia for underpaying about 7,4000 employees some $16m over more than a decade. Michael Seck, the lawyer representing the Fair Work Ombudsman, contended that the penalty must be sufficient to deter other large companies from underpaying their staff. The bank had self-reported the underpayments to the FWO and has provided back-pay to all affected employees. The underpayments occured after CBA shifted affected employees from an enterprise agreement to individual agreements.

CORPORATES
COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. FAIR WORK OMBUDSMAN

Environmentalists take Tanya Plibersek to court over coal mine assessments

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Original article by Mike Foley
Brisbane Times – Page: Online : 6-Jun-23

The Environment Council of Central Queensland has launched legal action against Environment Minister Tanya Plibersek in the Federal Court. The Council is asking the court to review Plibersek’s decision not to take global warming into account when assessing Mach Energy’s application to expand its Mount Pleasant open-cut coal mine and Whitehaven Coal’s application to expand its Narrabri underground mine; both mines are in NSW. The Council is being represented in court by Environmental Justice Australia, with senior lawyer Retta Berryman saying if the judicial review is successful it could compel all coal and gas projects to be assessed for climate change impacts.

CORPORATES
ENVIRONMENT COUNCIL OF CENTRAL QUEENSLAND, AUSTRALIA. DEPT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER, MACH ENERGY, WHITEHAVEN COAL LIMITED – ASX WHC, ENVIRONMENTAL JUSTICE AUSTRALIA

NAB faces test case over unpaid overtime

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 4 : 8-Mar-23

The issue of ‘reasonable additional hours’ for white-collar workers will come under scrutiny in a test case launched by the Finance Sector Union. The case centres on four National Australia Bank managers who allege that they were required to work unreasonable unpaid hours over several years. The FSU’s national secretary Julia Angrisano says the NAB managers are nominally employed to work 38 hours a week, but their actual hours can range between 10 and 16 hours per day, every day of the week. Angrisano adds that the FSU will seek compensation for all of NAB’s managers if it wins the test case, while it would also pursue action against the nation’s other major banks.

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NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, FINANCE SECTOR UNION