LAW – AUSTRALIA – CASES

WIN sues Nine over regional streaming

roymorgansocial Leave a comment

Original article by Max Mason
The Australian Financial Review – Page: 23 : 11-Feb-16

Nine Entertainment Company (NEC) recently began offering live streaming of its primary channel, which allows the media group to reach regional audiences. However, regional affiliate WIN Corporation is expected to ask the Supreme Court of New South Wales to grant an interim injunction to prevent NEC from streaming 9Now in regional areas. WIN is owned by Bruce Gordon, who also has a 14.95 per cent stake in NEC.

CORPORATES
NINE ENTERTAINMENT COMPANY HOLDINGS LIMITED – ASX NEC, NINE NETWORK AUSTRALIA LIMITED, WIN CORPORATION PTY LTD, SUPREME COURT OF NEW SOUTH WALES, SEVEN NETWORK LIMITED, SEVEN WEST MEDIA LIMITED – ASX SWM, PRIME MEDIA GROUP LIMITED – ASX PRT

Essendon turns to business for cash

roymorgansocial Leave a comment

Original article by Patrick Durkin
The Australian Financial Review – Page: 1 & 2 : 14-Jan-16

Essendon Football Club posted a profit of $A720,000 in 2015, following a loss of $A3.2m in 2014 in the wake of the sports supplements scandal. The embattled club could face costs of up to $A20m as a result of likely legal action by the 34 current and past players who have been banned for the 2016 season for taking the prohibited supplements. Essendon will be seeking financial support from its network of wealthy business leaders as it prepares to deal with the fallout from the Court of Arbitration for Sport’s ruling. The Australian Football League may also face significant legal costs.

CORPORATES
ESSENDON FOOTBALL CLUB, AUSTRALIAN FOOTBALL LEAGUE, PORT ADELAIDE FOOTBALL CLUB, FUSION STRATEGY, KIA MOTORS AUSTRALIA PTY LTD, TOLL HOLDINGS LIMITED, ADIDAS AUSTRALIA PTY LTD, TRUE VALUE SOLAR HOLDINGS PTY LTD, COURT OF ARBITRATION FOR SPORT, SPORTSLAW.COM.AU

7-Eleven workers underpaid $31,000

roymorgansocial Leave a comment

Original article by Mathew Dunckley
The Australian Financial Review – Page: 8 : 14-Jan-16

The Fair Work Ombudsman has taken a 7-Eleven franchisee to court over incorrect wages paid to 21 employees. Jason Yuan, who operates two stores in Brisbane, faces maximum penalties of up to $A10,200 per breach if the Federal Circuit Court finds that he failed to pay public holiday penalty rates, shift penalty rates and casual loadings to his workers.

CORPORATES
7-ELEVEN STORES PTY LTD, AUSTRALIA. FAIR WORK OMBUDSMAN, VIPPER PTY LTD, VIPRUS PTY LTD, FEDERAL CIRCUIT COURT OF AUSTRALIA

Five legal battles to watch in 2016

roymorgansocial Leave a comment

Original article by Nick Lenaghan
The Australian Financial Review – Page: 30 : 13-Jan-16

Some high-profile legal disputes in the Australian property sector will be contested in court during 2016. A tenancy dispute between Roy Morgan Research and Impact Investment Group will return to court in February. The Gary Morgan-led market research firm was briefly locked out of its offices in Melbourne’s Collins Street in late December 2015, before a court ordered Impact to grant access to the building. Construction, Forestry, Mining & Energy Union officials John Setka and Shaun Reardon will defend blackmail charges arising from an industrial dispute with Grocon that subsequently embroiled Boral. Sunland Group faces a damages claim by former employee Marcus Lee, while litigation is continuing between Grocon and APN Property Group.

CORPORATES
ROY MORGAN RESEARCH LIMITED, IMPACT INVESTMENT GROUP PTY LTD, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, GROCON PTY LTD, BORAL LIMITED – ASX BLD, SUNLAND GROUP LIMITED – ASX SDG, APN PROPERTY GROUP LIMITED – ASX APD, SUPREME COURT OF VICTORIA, FEDERAL COURT OF AUSTRALIA, WESTPAC BANKING CORPORATION – ASX WBC, HIGH COURT OF AUSTRALIA, LEND LEASE GROUP LIMITED – ASX LLC, PRIME RETIREMENT AND AGED CARE PROPERTY TRUST, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Gayle hires Hockey’s lawyer for Fairfax case

roymorgansocial Leave a comment

Original article by Peter Lalor, Simon King
The Australian – Page: 3 : 8-Jan-16

Australian lawyer Mark O’Brien will represent West Indian cricket player Chris Gayle in a defamation lawsuit against Fairfax Media. The lawsuit is in response to media reports that Gayle indecently exposed himself to a female employee of the team in the dressing rooms during a 2015 World Cup match in Sydney. Gayle has denied the allegations and the International Cricket Council has indicated that it is not aware of the alleged incident.

CORPORATES
FAIRFAX MEDIA LIMITED – ASX FXJ, INTERNATIONAL CRICKET COUNCIL, TEN NETWORK HOLDINGS LIMITED – ASX TEN, INSIGNIA SPORTS INTERNATIONAL

Nurofen range to be pulled over claims

roymorgansocial Leave a comment

Original article by Patrick Hatch
The Australian Financial Review – Page: 3 : 15-Dec-15

The Federal Court has ruled that Reckitt Benckiser misled consumers by claiming that its Nurofen painkillers are specially formulated to treat specific medical conditions. The Australian Competition & Consumer Commission took legal action after alleging that each Nurofen product contains the same active ingredient. Reckitt Benckiser has been given three months to withdraw the specific-pain products from sale, but it will be allowed to keep marketing them for 12 months provided the packaging indicates that the products can be used to treat other types of pain.

CORPORATES
RECKITT BENCKISER (AUSTRALIA) PTY LTD, FEDERAL COURT OF AUSTRALIA, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, AUSTRALIA. THERAPEUTIC GOODS ADMINISTRATION

Woolies sued over payments

roymorgansocial Leave a comment

Original article by Sue Mitchell, Sarah Danckert
The Australian Financial Review – Page: 3 : 11-Dec-15

The Australian Competition & Consumer Commission (ACCC) has commenced legal proceedings against Woolworths, accusing the retailer of unconscionable conduct. The ACCC alleges that Woolworths contravened Australian consumer law when it demanded more than $A60 million in extra payments from suppliers in late 2014. The matter will be heard in the Federal Court.

CORPORATES
WOOLWORTHS LIMITED – ASX WOW, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, FEDERAL COURT OF AUSTRALIA, COLES GROUP LIMITED

Fairfax faces FWC over role ‘made redundant during maternity leave’

roymorgansocial Leave a comment

Original article by Jake Mitchell
The Australian – Page: 26 : 16-Nov-15

Fairfax Media has declined to comment on allegations that it retrenched consumer marketing director Vicki Aristidopoulos shortly before she was due to return from maternity leave. Aristidopoulos has lodged a general protections application with the Fair Work Commission, claiming that she was not consulted by Fairfax prior to being offered a redundancy package in October 2015. Her redundancy followed a restructuring at Fairfax.

CORPORATES
FAIRFAX MEDIA LIMITED – ASX FXJ, AUSTRALIA. FAIR WORK COMMISSION, FINANCIAL REVIEW GROUP, NEWS CORP AUSTRALIA PTY LTD, NEWS CORPORATION – ASX NWS, AUDIT BUREAU OF CIRCULATIONS

Court penalises CFMEU officials

roymorgansocial Leave a comment

Original article by Ewin Hannan
The Australian Financial Review – Page: 11 : 11-Sep-15

The Federal Court of Australia has imposed fines on the Construction, Forestry, Mining & Energy Union and two union officials for failing to comply with laws on the right of entry to building sites. The union must pay a penalty of $A225,000 while the officials must pay $A27,500 and $A20,000 respectively. The union is not allowed to reimburse the officials.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA

Taxpayers funded action to block Adani

roymorgansocial Leave a comment

Original article by Mark Ludlow
The Australian Financial Review – Page: 5 : 10-Aug-15

A parliamentary inquiry into the tax deductibility status of environmental groups has found that government funds are often used to finance court actions against mining companies. A recent court case involving the Mackay Conservation Group and Indian energy company Adani has attracted the inquiry’s attention to the issue of transparency at environmental groups. Mackay Conservation Group co-ordinator Ellen Roberts said in early August 2015 that only donations were used to fund the case against Adani.

CORPORATES
FEDERAL COURT OF AUSTRALIA, ADANI MINING PTY LTD, MACKAY CONSERVATION GROUP INCORPORATED, LIBERAL-NATIONAL PARTY OF QUEENSLAND, ENVIRONMENTAL DEFENDER’S OFFICE (NSW) LIMITED, TARKINE NATIONAL COALITION INCORPORATED, AUSTRALIAN LABOR PARTY