LAW – AUSTRALIA – CASES

Tatts in $540m court shock

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Original article by Sarah-Jane Tasker
The Australian – Page: 19 & 22 : 3-Mar-16

Shares in Tatts Group shed 4.35 per cent to close at $A3.74 on 2 March 2016, after the High Court ruled in the Victorian Government’s favour in a dispute over the termination of the company’s poker machine licence. The court ordered Tatts to repay a total of $A540m which it had been awarded as compensation by a previous court ruling in 2014. The latest judgment has prompted speculation that Tatts could seek to revive merger talks with rival Tabcorp, although Tatts CEO Robert Cooke recently said this is not on the agenda.

CORPORATES
TATTS GROUP LIMITED – ASX TTS, HIGH COURT OF AUSTRALIA, TABCORP HOLDINGS LIMITED – ASX TAH, UBET

Roadshow, Foxtel in battle against piracy

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Original article by Max Mason
The Australian Financial Review – Page: 3 : 19-Feb-16

Australian-listed Village Roadshow and a group of Hollywood studios want local ISPs to block access to a file-sharing website called SolarMovie. They will pursue action in the Federal Court under the Copyright Amendment (online infringement) Act. Pay-TV group Foxtel is also relying on the statute in a bid to block access to websites that allow people to download pirated copies of its TV shows.

CORPORATES
VILLAGE ROADSHOW LIMITED – ASX VRL, FOXTEL MANAGEMENT PTY LTD, FEDERAL COURT OF AUSTRALIA, TELSTRA CORPORATION LIMITED – ASX TLS, SEVEN WEST MEDIA LIMITED – ASX SWM, DISNEY STUDIOS, 21ST CENTURY FOX INCORPORATED, WARNER BROS, PARAMOUNT STUDIOS, UNIVERSAL STUDIOS, SONY PICTURES ENTERTAINMENT, SINGTEL OPTUS PTY LTD, TPG TELECOM LIMITED – ASX TPM, DODO INTERNET PTY LTD, PRESTO ENTERTAINMENT PTY LTD, STAN ENTERTAINMENT PTY LTD, NINE ENTERTAINMENT COMPANY HOLDINGS LIMITED – ASX NEC, FAIRFAX MEDIA LIMITED – ASX FXJ, SCREEN PRODUCERS AUSTRALIA, COMMUNICATIONS ALLIANCE LIMITED

WIN sues Nine over regional streaming

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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

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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

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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

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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

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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

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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

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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’

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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