LAW REFORM – AUSTRALIA

Coalition has ‘failed’ to deliver on workplace policy promises

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Original article by James Massola
The Age – Page: 4 : 18-Feb-16

The Australian Government has made just four changes to industrial relations laws since taking office in September 2013. However, it has failed to make much progress on most of the 14 election policy commitments it made regarding industrial relations. Key policies such as reinstating the Australian Building & Construction Commission and changes to union right of entry laws have been stalled in the Senate.

CORPORATES
AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIA. ROAD SAFETY REMUNERATION TRIBUNAL, AUSTRALIA. PRODUCTIVITY COMMISSION, AUSTRALIA. DEPT OF EMPLOYMENT

Media reform beyond ‘reach’

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Original article by Darren Davidson, Jake Mitchell
The Australian – Page: 2 : 17-Nov-15

The focus of the Australian Government’s upcoming media reforms were tipped to be the so-called "reach rule". However, it is believed to be planning to also abolish the "two-out-of-three rule" in a reform package that is expected to be unveiled in late November 2015. Australian media groups are concerned that failure to fully abolish cross-media laws would provide rivals such as video-on-demand providers with a competitive advantage. The Government’s media reforms are likely to be dependent on the support of cross-bench senators.

CORPORATES
AUSTRALIA. DEPT OF COMMUNICATIONS AND THE ARTS, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, NINE ENTERTAINMENT COMPANY HOLDINGS LIMITED – ASX NEC, SOUTHERN CROSS AUSTEREO PTY LTD, SOUTHERN CROSS MEDIA GROUP LIMITED – ASX SXL, NETFLIX INCORPORATED, GOOGLE INCORPORATED, FACEBOOK INCORPORATED, TEN NETWORK HOLDINGS LIMITED – ASX TEN

Anti-gay marriage campaign cruel: Shorten

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Original article by Phillip Coorey
The Australian Financial Review – Page: 5 : 23-Oct-15

The Australian Government will provide funding for both the Yes and No campaigns on the issue of same-sex marriage in the lead-up to a proposed plebiscite. The Australian Labor Party favours a parliamentary vote on gay marriage rather than a plebiscite, and Opposition Leader Bill Shorten has expressed concern that the No campaign could prompt a rise in mental health problems in the gay community.

CORPORATES
AUSTRALIAN LABOR PARTY, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, GAY AND LESBIAN HEALTH VICTORIA, NATIONAL PARTY OF AUSTRALIA

Bowen warns on effects test

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Original article by Primrose Riordan
The Australian Financial Review – Page: 11 : 22-Oct-15

The Australian Retailers Association, Master Grocers Australia and the Australian Chamber of Commerce & Industry are among the groups that support adding a so-called "effects" test to the Competition Act. However, shadow treasurer Chris Bowen has told an audience of grocers that small businesses would face a huge legal bill if they pursue action under the effects test and fail. Master Grocers Australia CEO Jos de Bruin has dismissed Bowen’s comments as a "scare campaign".

CORPORATES
AUSTRALIAN RETAILERS ASSOCIATION, MASTER GROCERS’ AUSTRALIA PTY LTD, AUSTRALIAN CHAMBER OF COMMERCE AND INDUSTRY, AUSTRALIAN LABOR PARTY, AUSTRALIAN HOTELS ASSOCIATION, NATIONAL FARMERS’ FEDERATION LIMITED, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Business urges PM to be more aggressive on IR

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Original article by Ewin Hannan
The Australian Financial Review – Page: 7 : 22-Sep-15

Australian Industry Group CEO Innes Willox says the Federal Government should act immediately to introduce reforms that were recommended by the Harper review of competition policy. Willox also says the Government should be more active in promoting the need for industrial relations reform ahead of the federal election, and he argues that it should adopt the Productivity Commission’s recommendations on issues such as weekend penalty rates.

CORPORATES
THE AUSTRALIAN INDUSTRY GROUP, AUSTRALIA. PRODUCTIVITY COMMISSION, AUSTRALIA. ROYAL COMMISSION INTO TRADE UNION GOVERNANCE AND CORRUPTION, ACTU, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, AUSTRALIA. DEPT OF EMPLOYMENT

Calls mount for reform to class-action protocol

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Original article by Marianna Papadakis
The Australian Financial Review – Page: 33 : 21-Aug-15

Australian corporations paid out almost $A1 billion in class-action disputes in 2014-2015 as cases doubled, a trend that is likely to accelerate under the influence of litigation funders. Plaintiff firm Maurice Blackburn handled the most cases, recovering $A889 million in settlements. With major foreign players joining the pool of litigation funders, the Australian Government is considering changes to class-action rules, the Productivity Commission having already recommended a licensing scheme for the funders.

CORPORATES
AUSTRALIA. ATTORNEY-GENERAL’S DEPT, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. PRODUCTIVITY COMMISSION, KING AND WOOD MALLESONS, MAURICE BLACKBURN PTY LTD, SLATER AND GORDON LIMITED – ASX SGH, VOCATION LIMITED – ASX VET, ALLCO FINANCE GROUP LIMITED, JONES DAY, IMF BENTHAM LIMITED – ASX IMF, HERBERT SMITH FREEHILLS PTY LTD

ACTU insider says Work Choices scare campaign will fail

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Original article by Ewin Hannan, Patrick Durkin
The Australian Financial Review – Page: 1&7 : 7-Aug-15

Former ACTU assistant secretary Tim Lyons dismisses comparisons between the WorkChoices regime and the Productivity Commission’s recommendations on industrial relations reform. The proposed reforms have been criticised by unions and the Australian Labor Party, but Lyons warns that younger workers in particular are unlikely to be swayed by any campaign linking the recommendations to WorkChoices. The proposed reforms have been welcomed by business leader Tony Shepherd.

CORPORATES
ACTU, AUSTRALIA. PRODUCTIVITY COMMISSION, BUSINESS COUNCIL OF AUSTRALIA, ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, 3AW SOUTHERN CROSS RADIO PTY LTD, AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN LABOR PARTY, PER CAPITA AUSTRALIA LIMITED

Billson slams BCA ‘utter nonsense’

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Original article by Phillip Coorey
The Australian Financial Review – Page: 1 & 4 : 5-Aug-15

The Australian Government’s cabinet ministers have endorsed a proposal to add a so-called "effects test" to the Competition and Consumer Act. The reform was one of 56 recommendations made by the Harper review of competition laws, and is supported by the Australian Chamber of Commerce & Industry. However, the Business Council of Australia maintains that an effects test would adversely affect competition and make companies more vulnerable to litigation.

CORPORATES
AUSTRALIAN CHAMBER OF COMMERCE AND INDUSTRY, BUSINESS COUNCIL OF AUSTRALIA, THE AVALON, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, AUSTRALIA. DEPT OF INDUSTRY AND SCIENCE, AUSTRALIA. DEPT OF THE TREASURY, AUSTRALIAN LABOR PARTY

Billson slams BCA ‘utter nonsense’

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Original article by Phillip Coorey
The Australian Financial Review – Page: 1 & 4 : 5-Aug-15

The Australian Government’s cabinet ministers have endorsed a proposal to add a so-called "effects test" to the Competition and Consumer Act. The reform was one of 56 recommendations made by the Harper review of competition laws, and is supported by the Australian Chamber of Commerce & Industry. However, the Business Council of Australia maintains that an effects test would adversely affect competition and make companies more vulnerable to litigation.

CORPORATES
AUSTRALIAN CHAMBER OF COMMERCE AND INDUSTRY, BUSINESS COUNCIL OF AUSTRALIA, THE AVALON, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, AUSTRALIA. DEPT OF INDUSTRY AND SCIENCE, AUSTRALIA. DEPT OF THE TREASURY, AUSTRALIAN LABOR PARTY

Defamation laws need overhaul: judge

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Original article by Marianna Papadakis
The Australian Financial Review – Page: 32 : 24-Jul-15

New South Wales District Court judge Judith Gibson notes that social media has contributed to a rise in defamation lawsuits in Australia. Justice Gibson says federal Treasurer Joe Hockey’s case against Fairfax Media demonstrates the need for reforms to defamation laws. She argues that the definition of what constitutes a publication needs to be reconsidered in the digital age, while rules governing the awarding of damages need to be revised in order to discourage minor claims.

CORPORATES
DISTRICT COURT OF NEW SOUTH WALES, AUSTRALIA. DEPT OF THE TREASURY, FAIRFAX MEDIA LIMITED – ASX FXJ, MINTER ELLISON, FEDERAL COURT OF AUSTRALIA, TWITTER INCORPORATED, FACEBOOK INCORPORATED