LAW – AUSTRALIA – CASES

Court ruling may alter class actions

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Original article by Marianna Papadakis
The Australian Financial Review – Page: 32 : 7-Aug-15

International Litigation Funding Partners (ILFP) wants to finance the Allco Finance Group class action via a common fund arrangement. The Federal Court is scheduled to rule on the Singapore-based litigation funder’s application on 7 August 2015. John Emmerig, a partner at law firm Jones Day, expects a big increase in the volume of class actions and the amount of damages sought if ILFP’s application is granted.

CORPORATES
INTERNATIONAL LITIGATION FUNDING PARTNERS PTE LTD, ALLCO FINANCE GROUP LIMITED, FEDERAL COURT OF AUSTRALIA, HIGH COURT OF AUSTRALIA, SLATER AND GORDON LIMITED – ASX SGH, IMF BENTHAM LIMITED – ASX IMF, ALLENS, HERBERT SMITH FREEHILLS PTY LTD, UNIVERSITY OF NEW SOUTH WALES

Hunt slams lobbyists for Adani hold-up

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Original article by Mark Ludlow
The Australian Financial Review – Page: 3 : 6-Aug-15

Federal Environment Minister Greg Hunt has accused environmental activists of using litigation as often as possible to obstruct the approval process for mining projects. On 5 August 2015, the Federal Court of Australia set aside environmental approval for the Carmichael coal mine project in Queensland, to be developed by Indian company Adani. The litigant, the Mackay Conservation Group, is confident that the mine will not be built, but Hunt has vowed to issue a new approval as quickly as possible.

CORPORATES
FEDERAL COURT OF AUSTRALIA, ADANI MINING PTY LTD, MACKAY CONSERVATION GROUP INCORPORATED, QUEENSLAND. DEPT OF MINES AND ENERGY, AUSTRALIAN LABOR PARTY, AUSTRALIA. DEPT OF THE ENVIRONMENT

Court simmers with cooking show face-off

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Original article by Max Mason
The Australian Financial Review – Page: 27 : 5-Aug-15

The Seven Network is seeking an injunction to prevent the Nine Network from broadcasting "The Hotplate" until a copyright dispute is heard in court. Lawyers for Nine and the show’s producer, Endemol, say the case may not be resolved until 2016, which would effectively force Nine to abandon the cooking show.

CORPORATES
SEVEN NETWORK LIMITED, SEVEN WEST MEDIA LIMITED – ASX SWM, NINE NETWORK AUSTRALIA LIMITED, NINE ENTERTAINMENT COMPANY HOLDINGS LIMITED – ASX NEC, ENDEMOL AUSTRALIA PTY LTD

Court simmers with cooking show face-off

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Original article by Max Mason
The Australian Financial Review – Page: 27 : 5-Aug-15

The Seven Network is seeking an injunction to prevent the Nine Network from broadcasting "The Hotplate" until a copyright dispute is heard in court. Lawyers for Nine and the show’s producer, Endemol, say the case may not be resolved until 2016, which would effectively force Nine to abandon the cooking show.

CORPORATES
SEVEN NETWORK LIMITED, SEVEN WEST MEDIA LIMITED – ASX SWM, NINE NETWORK AUSTRALIA LIMITED, NINE ENTERTAINMENT COMPANY HOLDINGS LIMITED – ASX NEC, ENDEMOL AUSTRALIA PTY LTD

Tabcorp faces trial, fines over money laundering

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Original article by Perry Williams, Patrick Durkin
The Australian Financial Review – Page: 1 & 7 : 23-Jul-15

The Australian Transaction Reports & Analysis Centre claims that Tabcorp breached money-laundering reporting laws on at least 100 separate occasions. It has launched civil action against the gaming group in the Federal Court, alleging that Tabcorp failed to report suspect transactions that were made via TAB betting accounts. Tabcorp could face fines of up to $A17m, although Deutsche Bank notes that the group could potentially be fined up to $A51m in total as two subsidiaries are also subject to the legal action.

CORPORATES
TABCORP HOLDINGS LIMITED – ASX TAH, AUSTRALIA. ATTORNEY-GENERAL’S DEPT. AUSTRALIAN TRANSACTION REPORTS AND ANALYSIS CENTRE, DEUTSCHE BANK AG, FEDERAL COURT OF AUSTRALIA, NATIONAL RUGBY LEAGUE, NORTH QUEENSLAND COWBOYS, BULLDOGS RUGBY LEAGUE CLUB LIMITED, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, LEND LEASE GROUP LIMITED – ASX LLC, ASX LIMITED – ASX ASX, SUNCORP GROUP LIMITED – ASX SUN, NBN CO LIMITED, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, NEW SOUTH WALES POLICE FORCE, AUSTRALIAN FEDERAL POLICE, VICTORIA. OFFICE OF POLICE INTEGRITY, DOW JONES SUSTAINABILITY INDEX

Hockey hit with costs on Fairfax case

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Original article by Marianna Papadakis, Katie Walsh
The Australian Financial Review – Page: 3 : 23-Jul-15

Treasurer Joe Hockey faces a huge legal bill after the Federal Court ordered Fairfax Media to pay just 15 per cent of his legal costs in a defamation lawsuit. Hockey was awarded $A200,000 in damages over tweets and newspaper advertising posters that were deemed to be defamatory. However, it is estimated that Hockey’s total legal costs in defending the case could be around $A300,000. Hockey failed to prove that published newspaper articles relating to the tweets and posters were defamatory.

CORPORATES
FAIRFAX MEDIA LIMITED – ASX FXJ, AUSTRALIA. DEPT OF THE TREASURY, FEDERAL COURT OF AUSTRALIA, ACA LAWYERS PTY LTD, UNIVERSITY OF SYDNEY, GRIFFITH UNIVERSITY

Building union facing penalties

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Original article by Ewin Hannan
The Australian Financial Review – Page: 7 : 8-Jul-15

The Fair Work Building & Construction inspectorate wants the Federal Court to impose financial penalties against the Construction, Forestry, Mining & Energy Union and 21 of its officials. The case centres on industrial action at two construction sites in Queensland in 2013, which was aimed at compelling contractors to sign an enterprise agreement. The inspectorate has identified 822 separate alleged breaches of the law by the union and its officials.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, FAIR WORK BUILDING AND CONSTRUCTION, FEDERAL COURT OF AUSTRALIA, QUEENSLAND UNIVERSITY OF TECHNOLOGY

Ex-Sigma CEO faces jail for falsifying company accounts

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Original article by Sarah Danckert
The Australian Financial Review – Page: 3 : 3-Jul-15

Two former senior executives of Australian-listed Sigma Pharmaceuticals will return to court in September 2015, after pleading guilty to charges of falsifying the group’s financial accounts. Elmo de Alwis was CEO until 2010, while Mark Smith stepped down as CFO in the same year. They have also been charged with providing false and misleading statements to the group’s board of directors and auditors.

CORPORATES
SIGMA PHARMACEUTICALS LIMITED – ASX SIP, COUNTY COURT OF VICTORIA, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Hockey wins $200,000 in Fairfax case

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Original article by Marianna Papadakis, Phillip Coorey
The Australian Financial Review – Page: 3 : 1-Jul-15

Fairfax Media has been ordered to pay $A200,000 in damages to Federal Treasurer Joe Hockey in his defamation case against the newspaper publisher. The damages payout comprises $A120,000 arising from the publication of newspaper posters saying "Treasurer for sale", plus $A80,000 for several tweets with a similar message. Justice Richard White ruled that the posters and tweets were defamatory, although the newspaper articles to which they referred did not defame Hockey.

CORPORATES
FAIRFAX MEDIA LIMITED – ASX FXJ, AUSTRALIA. DEPT OF THE TREASURY, FEDERAL COURT OF AUSTRALIA, LIBERAL PARTY OF AUSTRALIA, NORTH SYDNEY FORUM

Trademark row risks Vodafone’s plans

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Original article by David Ramli
The Australian Financial Review – Page: 23 : 28-May-15

Australian telcos Vodafone and Telstra are embroiled in an intellectual property dispute. UK-based Vodafone Group sought a trademark to use the phrase "Ready Business" in Australia, as it is used to promote its range of business products in other markets. However, Telstra has argued that it is too similar to its own "Ready for Business" trademark, which it uses to promote its Digital Office Technology products.

CORPORATES
TELSTRA CORPORATION LIMITED – ASX TLS, VODAFONE HUTCHISON AUSTRALIA PTY LTD, VODAFONE AUSTRALIA LIMITED, VODAFONE GROUP PLC, DAVIES COLLISON CAVE, BANKI HADDOCK FIORA