LAW – VICTORIA – CASES

Nylex site battle heads to court

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Original article by Larry Schlesinger
The Australian Financial Review – Page: 34 : 22-Sep-16

The refusal by Heritage Victoria to allow Caydon Property to demolish some elements of the historic Nylex maltings site along the Yarra river in Melbourne has resulted in legal action. Caydon took the matter to the Victorian Supreme Court, frustrated that it could not proceed with its plans to develop the 1.1 hectare site into an apartment, office and entertainment precinct.

CORPORATES
CAYDON PROPERTY PTY LTD, SUPREME COURT OF VICTORIA, CITY OF YARRA, CAYDON PROPERTY PTY LTD, HERITAGE VICTORIA, VICTORIA. CIVIL AND ADMINISTRATIVE TRIBUNAL

Jackson silent as 70 charges laid bare

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Original article by Pia Akerman
The Australian – Page: 1 & 6 : 20-Sep-16

The Melbourne Magistrates’ Court has imposed strict bail conditions on the Health Services Union’s former national secretary, Kathy Jackson. She will return to court for a committal hearing in January 2017, when she will face 70 charges of fraud and theft relating to the unauthorised use of the union’s funds. Amongst other things, Jackson is accused of transferring union funds to her personal bank account and paying for personal expenses with the union’s credit cards. Jackson could face up to 10 years in jail if she is convicted.

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HEALTH SERVICES UNION OF AUSTRALIA, MELBOURNE MAGISTRATES’ COURT, AUSTRALIA. ROYAL COMMISSION INTO TRADE UNION GOVERNANCE AND CORRUPTION, FEDERAL COURT OF AUSTRALIA, JB HI-FI LIMITED – ASX JBH, LAWSONS AUCTIONEERS AND VALUERS, AUSTRALIA. FAIR WORK COMMISSION

Former Liberal boss gets five years’ jail, and a further AFP probe

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Original article by Rick Wallace, Pia Akerman
The Australian – Page: 3 : 20-Jul-16

The Australian Federal Police may undertake an investigation into Damien Mantach, the former director of the Liberal Party of Victoria. The Victorian County Court has given him a maximum jail term of five years after he was convicted of defrauding the party of $A1.56m using false invoices. Mantach will be eligible for parole after two years and eight months. The Federal Government has referred Mantach’s case to the AFP, amid concerns that he may also have embezzled federal party funds.

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LIBERAL PARTY OF VICTORIA, AUSTRALIAN FEDERAL POLICE, COUNTY COURT OF VICTORIA, LIBERAL PARTY OF AUSTRALIA, AUSTRALIA. DEPT OF FINANCE

Morgan’s property fight ends in stalemate

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Original article by Simon Johanson
The Age – Page: 32 : 11-May-16

The Supreme Court of Victoria has ruled that there are no grounds for either Roy Morgan Research or Impact Investment Group to terminate the former’s lease at 401 Collins Street, Melbourne. Justice Clyde found that neither party had breached the terms of the 10-year lease and are therefore not entitled to damages. The dispute centred on the replacement of the building’s elevators. Roy Morgan Research executive chairman Gary Morgan had withheld rent payments due to the dispute, which culminated in IIG locking the market research firm out of its premises.

CORPORATES
ROY MORGAN RESEARCH LIMITED, IMPACT INVESTMENT GROUP PTY LTD, SUPREME COURT OF VICTORIA

Eviction, then litigation ramps up blueblood battle on Collins Street

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Original article by Sarah Danckert, Nick Lenaghan
The Australian Financial Review – Page: 3 : 22-Dec-15

The Supreme Court of Victoria’s Justice Clyde Croft has criticised Impact Investment Group’s actions in locking Roy Morgan Research out of its premises in Melbourne’s CBD. Justice Croft ruled that the market research firm must be allowed back into 401 Collins St, and said Impact’s actions were inappropriate given that the dispute between the parties was already the subject of court proceedings. Roy Morgan Research has withheld rent payments since September due to a dispute over work on the building’s lifts and the amount of time the work is expected to take.

CORPORATES
ROY MORGAN RESEARCH LIMITED, IMPACT INVESTMENT GROUP PTY LTD, SUPREME COURT OF VICTORIA

Roy Morgan illegally locked out of premises at 401 Collins St by Impact Investment Group

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Original article by Roy Morgan Research
Morgan Poll Update – Page: Online : 21-Dec-15

Following a failed attempt to be heard at the Supreme Court on Friday, Impact Investment Group illegally and without notice, de-activated all security passes for 401 Collins St, Melbourne, changed the locks and put security guards on the building. There is a dispute between Roy Morgan Research and Impact Investment Group over a purchase/leaseback contract for 401 Collins St. The dispute revolves around details of a replacement lift – which, amongst other things will block access to the Collins St entrance to the building for at least six months. As IIG have refused to negotiate, mediate, discuss, or in any way, resolve the issues of the dispute, Roy Morgan Research has stopped paying rent. This matter is before the Supreme Court at IIG’s initiation. Roy Morgan Research has a $A2.5 million bank guarantee (bond) in place and a personal guarantee for rent from executive chairman Gary Morgan. The action taken by IIG in locking Roy Morgan Research out of its premises is not only illegal, it is vexatious and the information provided to the media is mischievous, wrong in fact and defamatory with potentially large damages. Gary Morgan expresses concern about the stress this causes staff so close to Christmas.

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ROY MORGAN RESEARCH LIMITED, IMPACT INVESTMENT GROUP PTY LTD, SUPREME COURT OF VICTORIA

Insider trader gets seven years’ jail

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Original article by Patrick Durkin
The Australian Financial Review – Page: 3 : 18-Mar-15

The Supreme Court of Victoria has jailed two men on insider trading charges. Lukas Kamay will be eligible for parole after serving four and a half years in jail, while Christopher Hill can apply for parole after two years. Kamay was working as a foreign exchange trader at National Australia Bank when the illegal bets on the Australian dollar were made during 2013 and 2014. Kamay was also jailed on money laundering and identity theft offences

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SUPREME COURT OF VICTORIA, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AUSTRALIAN BUREAU OF STATISTICS, UNIVERSITY OF MELBOURNE, MONASH UNIVERSITY, VICTORIA. DIRECTOR OF PUBLIC PROSECUTIONS, AXICORP PTY LTD, PEPPERSTONE FINANCIAL PTY LTD

Judges slam Victorian govt on gambling reform

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Original article by Jessica Gardner
The Australian Financial Review – Page: 15 : 5-Dec-14

Tabcorp and Tatts were in 1994 granted licences for 18 years by the then Victorian government to operate poker machines in the state. However, the rights were then transferred to pubs and clubs in 2008. Tatts launched a compensation suit for $A540m over the loss of its licence and Tabcorp sought $A687m. The Court of Appeal has now ruled in favour of the former but against the latter. Tatts won as its claim was based on a contractual rather than statutory argument

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TABCORP HOLDINGS LIMITED – ASX TAH, TATTS GROUP LIMITED – ASX TTS, COURT OF APPEAL (VICTORIA), AUSTRALIAN LABOR PARTY, VICTORIA. DEPT OF PREMIER AND CABINET, CROWN RESORTS LIMITED – ASX CWN, LIBERAL PARTY OF AUSTRALIA, HIGH COURT OF AUSTRALIA, SUPREME COURT OF VICTORIA, STANDARD AND POOR’S ASX 200 INDEX

Essendon opts to drop legal action, move on

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Original article by Jake Niall, Samantha Lane
The Age – Page: 47 : 2-Oct-14

Essendon Football Club has decided not to appeal the verdict of the Federal Court that supported the Australian Sports Anti-Doping Agency. The club has received legal advice that it would win an appeal. However, the Australian Football League does not want it to appeal and the players want the matter to be settled. Coach James Hird has decided to launch his own appeal

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ESSENDON FOOTBALL CLUB, AUSTRALIAN SPORTS ANTI-DOPING AGENCY, AUSTRALIAN FOOTBALL LEAGUE, AUSTRALIAN FOOTBALL LEAGUE COMMISSION, WORLD ANTI-DOPING AGENCY

Road contract invalid if councils win court case

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Original article by Henrietta Cook
The Age – Page: 5 : 11-Sep-14

The Moreland and Yarra councils have launched legal action against Victorian Planning Minister Matthew Guy. The councils want the Supreme Court to review his approval of the East West Link. The Australian Labor Party claims that if the court rules that the approval is invalid, any contract signed by the State Government will be deemed to be "unenforceable"

CORPORATES
MORELAND CITY COUNCIL, YARRA CITY COUNCIL, VICTORIA. DEPT OF TRANSPORT, PLANNING AND LOCAL INFRASTRUCTURE, SUPREME COURT OF VICTORIA, FEDERAL COURT OF AUSTRALIA, AUSTRALIAN LABOR PARTY