LAW – AUSTRALIA – CASES

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

CORPORATES
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

CORPORATES
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

CORPORATES
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

CORPORATES
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

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