LAW – AUSTRALIA – CASES

Essendon directors face challenge

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Original article by John Stensholt
The Australian Financial Review – Page: 42 : 10-Nov-14

Ron Gauci and Jason Cunningham are seeking election to the board of Essendon Football Club at its AGM in December 2014. They hope to oust current board members Kevin Egan and Jo-Anne Albert, but Essendon chairman Paul Little is believed to have stressed the importance of boardroom stability. Further court action over Essendon’s supplements scandal will occur on 10 November

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ESSENDON FOOTBALL CLUB, AUSTRALIAN FOOTBALL LEAGUE, AUSTRALIAN SPORTS ANTI-DOPING AGENCY, FEDERAL COURT OF AUSTRALIA, MELBOURNE STORM RUGBY LEAGUE CLUB LIMITED, NATIONAL RUGBY LEAGUE, MELBOURNE POLYTECHNIC

Man loses bid for share of ex-wife’s $6m lotto win

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Original article by Michaela Whitbourn
The Sydney Morning Herald – Page: 12 : 15-Oct-14

Family Court of Australia judges Stephen Thackray, Peter Murphy and Murray Aldridge have dismissed an appeal against an earlier ruling by judge Janine Stevenson. She had heard that a lottery ticket had been bought by a woman six months after she separated from her husband of two decades. The man sought to claim part of the $A6m won on the ticket, but Stevenson cited a 2011 decision in the Family Division of the High Court of the UK and rejected his case

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FAMILY COURT OF AUSTRALIA, HIGH COURT OF ENGLAND AND WALES

Sacked man loses $42m claim

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Original article by Tim Clarke
The West Australian – Page: 9 : 29-Sep-14

The Federal Court of Australia has ruled in favour of Woodside Petroleum in a unfair dismissal action by a former employee. Hassan Zaghloul sought more than $A42m in damages after claiming that he had been bullied and harassed during his tenure as the LNG group’s principal structural engineer. He has also accused lawyers involved in the case of professional misconduct

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WOODSIDE PETROLEUM LIMITED – ASX WPL, FEDERAL COURT OF AUSTRALIA, UNIVERSITY OF WESTERN AUSTRALIA

Sentence ends Slipper plan to return to law

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Original article by Michael Inman, Christopher Knaus
The Age – Page: 8 : 25-Sep-14

Former MP Peter Slipper has been sentenced for his fraudulent use of travel entitlements. He has been ordered to perform 300 hours of community service and to enter a two-year good-behaviour order. The conviction has ended his plans to return to legal practice

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AUSTRALIAN CAPITAL TERRITORY MAGISTRATES’ COURT

NAB faces $4.3m harassment suit

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Original article by Leo Shanahan
The Australian – Page: 17 : 24-Sep-14

National Australia Bank has declined to comment on a pending claim for damages by a former executive of its JBWere wealth management business. Antonia Thornton alleges in her statement of claim that she was subject to discrimination and harassment after revealing in 2009 that she was pregnant. Thornton also alleges that she was effectively forced to resign, as the discrimination continued after she returned from maternity leave

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NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, JBWERE LIMITED, FEDERAL COURT OF AUSTRALIA, GOLDMAN SACHS AUSTRALIA PTY LTD

Former MD to repay company $500,000

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Original article by Paul Garvey
The Australian – Page: 20 : 23-Sep-14

The Federal Court of Australia has ordered the former MD of explorer MHM Metals to repay over $A500,000 to the company. It found that John Rogers had misappropriated company funds through the sale of a boat in 2008. The company also plans to pursue claims for $A5 million against one of Rogers’ private companies, with allegations of related party transactions and conflicts of interest

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MHM METALS LIMITED – ASX MHM, FEDERAL COURT OF AUSTRALIA, PROJECT DEVELOPMENT CORPORATION PTY LTD

Lawyers appeal to High Court to overturn ‘breast cancer gene’ ruling

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Original article by Eryk Bagshaw, Amy Corderoy
The Sydney Morning Herald – Page: 11 : 18-Sep-14

Law firm Maurice Blackburn will seek to appeal a Federal Court ruling which found that private companies can patent human genes. The case concerned Myriad Genetics’ application for a patent over the BRCA1 gene, which is associated with breast cancer. Maurice Blackburn will argue that the court erred in concluding that the process of identifying a gene constitutes a form of manufacturing

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MAURICE BLACKBURN PTY LTD, FEDERAL COURT OF AUSTRALIA, HIGH COURT OF AUSTRALIA, MYRIAD GENETICS INCORPORATED, JONES DAY

Concern over funding of class actions

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Original article by Marianna Papadakis
The Australian Financial Review – Page: 13 : 28-Aug-14

The Australian Institute of Company Directors’ GM, Steve Burrell, has urged stricter regulation of litigation funders. He notes that growing competition in the sector has prompted a rise in class actions in the last 18 months. Litigation funders are typically paid 20-35 per cent of the total payout in successful class actions, but Burrell is concerned about a proposal to allow litigation funders to use the common fund system in Australia

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AUSTRALIAN INSTITUTE OF COMPANY DIRECTORS, INTERNATIONAL LITIGATION FUNDING PARTNERS INCORPORATED, ALLCO FINANCE GROUP LIMITED, BENTHAM IMF LIMITED – ASX IMF, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, CITIBANK PTY LTD, WESTPAC BANKING CORPORATION – ASX WBC, AUSTRALIAN COMMUNICATIONS CONSUMER ACTION NETWORK LIMITED, TELSTRA CORPORATION LIMITED – ASX TLS, SINGTEL OPTUS PTY LTD, SINGAPORE TELECOMMUNICATIONS LIMITED – ASX SGT, VODAFONE AUSTRALIA LIMITED, NORTON ROSE FULBRIGHT AUSTRALIA

Appeal lost on Sunday rates

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Original article by Lucille Keen
The Australian Financial Review – Page: 11 : 27-Aug-14

The Federal Court of Australia has rejected a bid to overturn the Fair Work Commission’s ruling that penalty rates for hospitality workers should be reduced. The appeal was lodged by the United Voice union, after the Restaurant & Catering Association of Victoria and Australian Business Industrial succeeded in a bid to have Sunday penalty rates reduced. Many restaurant and cafe owners do not open on weekends due to high penalty rates

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FEDERAL COURT OF AUSTRALIA, AUSTRALIA. FAIR WORK COMMISSION, RESTAURANT AND CATERING INDUSTRY ASSOCIATION OF VICTORIA, RESTAURANT AND CATERING INDUSTRY ASSOCIATION OF AUSTRALIA INCORPORATED, UNITED VOICE, AUSTRALIAN BUSINESS INDUSTRIAL, GARFISH, NSW BUSINESS CHAMBER LIMITED

ASADA could be in breach of law

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Original article by Jon Pierik
The Age – Page: 41 : 15-Jul-14

A warning issued by the Australian Sports Anti-Doping Authority (ASADA) could have breached legislation. ASADA filed its defence document on 12 July 2014, in which it stated that it could reissue show-cause notices to 34 current and former players of Essendon Football Club. Graham Smith, a partner with Clayton Utz, says the warning could be interpreted as an infringement of the model litigant rules

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AUSTRALIAN SPORTS ANTI-DOPING AGENCY, AUSTRALIAN FOOTBALL LEAGUE PLAYERS’ ASSOCIATION, ESSENDON FOOTBALL CLUB, CLAYTON UTZ, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. ATTORNEY-GENERAL’S DEPT