LAW – AUSTRALIA – CASES

Union’s law-breaking ‘knows no bounds’

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Original article by Ewin Hannan
The Australian – Page: 6 : 16-Dec-16

The Construction, Forestry, Mining & Energy Union has been fined for failing to comply with the Fair Work Act in its dealings with Hindmarsh Construction Australia. The company was the head contractor on a $105m apartment project in Brisbane, and the court upheld claims that the CFMEU had used a threat of industrial action to force Hindmarsh to accede to its demands. The CFMEU and its former national president Dave Hanna have been fined $A37,500.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, HINDMARSH CONSTRUCTION AUSTRALIA, FEDERAL CIRCUIT COURT OF AUSTRALIA, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION

Foxtel, Village’s landmark win to block pirates

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Original article by Jake Mitchell, David Swan
The Australian – Page: 19 & 22 : 16-Dec-16

The Federal Court of Australia has ruled that ISP must block access to five illegal file-sharing websites within 15 days. Foxtel and Village Roadshow had launched separate legal proceedings in a bid to combat the pirating of films and TV shows. Village Roadshow’s joint CEO Graham Burke has welcomed the judgment, arguing that the local film and TV production industry would collapse if action is not taken against such websites. Foxtel and Village Roadshow will have to pay the ISPs’ costs for blocking the infringing sites.

CORPORATES
FOXTEL MANAGEMENT PTY LTD, VILLAGE ROADSHOW LIMITED – ASX VRL, FEDERAL COURT OF AUSTRALIA, TELSTRA CORPORATION LIMITED – ASX TLS, SINGTEL OPTUS PTY LTD, TPG TELECOM LIMITED – ASX TPM, IINET LIMITED, M2 GROUP LIMITED, 21ST CENTURY FOX INCORPORATED, WALT DISNEY COMPANY, WARNER BROS, NEWS CORP AUSTRALIA PTY LTD, NEWS CORPORATION – ASX NWS, STAN ENTERTAINMENT PTY LTD, NETFLIX INCORPORATED, ASHURST AUSTRALIA

Woolworths smashes ACCC on suppliers

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Original article by Sue Mitchell
The Australian Financial Review – Page: 1 & 7 : 9-Dec-16

Federal Court judge David Yates agreed with Woolworths that the retailer’s "Mind the Gap" scheme was of "ordinary nature" of doing business. The Australian Competition & Consumer Commission accused Woolworths of unconscionable conduct, but Justice Yates found that Woolworths did not contravene section 21 of the Australian Consumer Law. Australian Food & Grocery Council CEO Gary Dawson said the decision could lead to more companies requesting money from suppliers.

CORPORATES
WOOLWORTHS LIMITED – ASX WOW, COLES SUPERMARKETS AUSTRALIA PTY LTD, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, FEDERAL COURT OF AUSTRALIA, AUSTRALIAN FOOD AND GROCERY COUNCIL, NATIONAL PARTY OF AUSTRALIA

MUA in court over ports picket

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Original article by Ewin Hannan
The Australian – Page: 4 : 9-Dec-16

The Fair Work Ombudsman has launched legal action against the Maritime Union of Australia over unprotected industrial action in August 2015. The union picketed Hutchison Ports’ container terminals in Sydney and Brisbane, and organised work stoppages in response to the company’s move to retrench 97 employees. The FWO wants the MUA to pay compensation to Hutchinson, arguing that the industrial action breached workplace laws and an enterprise agreement.

CORPORATES
MARITIME UNION OF AUSTRALIA, HUTCHISON PORTS AUSTRALIA PTY LTD, AUSTRALIA. FAIR WORK OMBUDSMAN, FEDERAL COURT OF AUSTRALIA

Legal row over WA lithium discovery

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Original article by Paul Garvey
The Australian – Page: 22 : 15-Nov-16

Australian-listed Kidman Resources has rejected claims by Marindi Metals that it has a binding agreement to acquire the Earl Grey lithium deposit. Marindi engaged in email discussions with Kidman in April 2016 regarding the acquisition of the latter’s lithium rights at its tenements in Western Australia, and it alleges that these discussions constitute a binding contract. Kidman subsequently commenced a drilling program which resulted in the Earl Grey discovery.

CORPORATES
KIDMAN RESOURCES LIMITED – ASX KDR, MARINDI METALS LIMITED – ASX MZN, ROX RESOURCES LIMITED – ASX RXL, TECK CORPORATION

Woolies finalises hardware sell-off

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Original article by Eli Greenblat
The Australian – Page: 19 : 4-Oct-16

The hardware division of Metcash will boast sales of $A2.2bn following the completion of a deal to acquire the Home Timber & Hardware business from Woolworths. The expanded division will comprise about 800 retail stores and a hardware wholesaling business. Woolworths is still engaged in legal action with joint venture partner Lowe’s regarding its exit from the ill-fated Masters Home Improvement business.

CORPORATES
METCASH LIMITED – ASX MTS, WOOLWORTHS LIMITED – ASX WOW, HOME TIMBER AND HARDWARE, MASTERS HOME IMPROVEMENT AUSTRALIA PTY LTD, LOWE’S COMPANIES INCORPORATED, MITRE 10 LIMITED, TRUE VALUE HARDWARE LIMITED, THRIFTY-LINK HARDWARE PTY LTD, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

ATO culture put to the test

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Original article by Robert Gottliebsen
The Australian – Page: 32 : 30-Sep-16

The Australian Taxation Office (ATO) has taken a married couple to court on the charge of tax evasion. The couple operates a business at Port Hedland, Western Australia, as a 50/50 partnership. The tax case before the Federal Court will have ramifications for other partnerships formed by tradespeople with their spouses. Many ATO officers seem to be hostile to small business. They often use their power to destroy businesses by making unfair accusations of tax evasion.

CORPORATES
AUSTRALIAN TAXATION OFFICE, INDEPENDENT CONTRACTORS OF AUSTRALIA INCORPORATED

Woolies’ ‘plan B’ on Masters exit

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Original article by Ben Butler, Ben Wilmot
The Australian – Page: 21 : 20-Sep-16

Documents filed in the Federal Court outline the strategies that Woolworths allegedly devised in order to withdraw from its Masters Home Improvement venture with Lowe’s. The US company is seeking to wind up the Masters joint venture company, Hydrox Holdings. Lowe’s claims that amongst other things, Woolworths made plans to terminate the joint venture agreement and sell Hydrox’s assets if the Lowe’s nominees on the Hydrox board did not agree to the sale of the joint venture company’s assets.

CORPORATES
WOOLWORTHS LIMITED – ASX WOW, MASTERS HOME IMPROVEMENT AUSTRALIA PTY LTD, LOWE’S COMPANIES INCORPORATED, HYDROX HOLDINGS PTY LTD, FEDERAL COURT OF AUSTRALIA, HOME TIMBER AND HARDWARE, KORDA MENTHA AND COLLEAGUES PTY LTD, CITIGROUP PTY LTD

Foul-mouth Palmer says PM, banks out to get him

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Original article by Sarah Elks
The Australian – Page: 2 : 13-Sep-16

Prominent businessman and former MP Clive Palmer has told the Federal Court that he was a victim of a "political witch-hunt". Giving evidence on 12 September 2016 in the examination of the collapse of Queensland Nickel, he accused Prime Minister Malcolm Turnbull of persuading the big banks to refuse a loan of $A25 million, which he had sought for Queensland Nickel in September 2015.

CORPORATES
QUEENSLAND NICKEL PTY LTD, FEDERAL COURT OF AUSTRALIA, PPB HOLDINGS PTY LTD, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET

Jackson faces jail over fraud charges

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 3 : 1-Sep-16

Former union leader Kathy Jackson has been charged with 70 offences. The former national secretary of the Health Services Union (HSU) will appear in the Melbourne Magistrates’ Court on 19 September 2016. The case was triggered by HSU’s complaint to police that Jackson misappropriated $900,000 from the union. Jackson declared bankruptcy in 2015.

CORPORATES
AUSTRALIAN FEDERAL POLICE, HEALTH SERVICES UNION OF AUSTRALIA, MELBOURNE MAGISTRATES’ COURT, AUSTRALIA. ROYAL COMMISSION INTO TRADE UNION GOVERNANCE AND CORRUPTION, AUSTRALIA. FAIR WORK COMMISSION