| Cazaly disputes 'secret' WA policy on iron ore |
| The Australian Financial Review Original article by Marsha Jacobs |
| ABIX Summary |
| Cazaly Resources is appealing against the Western
Australian Government's decision to restore Rio Tinto's mining lease. The
mining giant allowed its rights over the Shovelanna iron ore tenement to
lapse, but the Government rejected Cazaly's subsequent claim to the tenement.
John Bowler, the Resources Minister, indicated that the Government's iron
ore policy was a major factor in the decision. This unwritten policy appears
to favour Rio Tinto and BHP Billiton over other miners with regard to iron
ore, a fact that Cazaly will emphasis in its legal action
|
CAZALY RESOURCES LIMITED - ASX CAZ: Current quote Chart |
| Full textFairfax Newsstore (pay-per-view) |
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| Profit warning threat hits Telstra |
| The Australian Financial Review Original article by David Crowe |
| ABIX Summary |
| Australian law firm Slater & Gordon says there
is grounds for a class action against Telstra over its level of disclosure
to shareholders. This follows revelations that CEO Sol Trujillo was told
the competition regulator would set a wholesale price of $A17.70 per month
to use each of the telco's lines, before he announced profit forecasts
based on rivals paying $A22 a month. Telstra conceded on 14 August 2006
its revenues, earnings and dividend payouts would be undermined by the
ruling from the Australian Competition & Consumer Commission. The news
sent the telco's shares $A0.09 lower to $A3.67, also threatening Federal
Government plans to sell its $A23bn stake
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TELSTRA CORPORATION LIMITED - ASX TLS: Current quote Chart |
| Full textFairfax Newsstore (pay-per-view) |
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| Scandal causes Beattie to rethink poll |
| The Australian Financial Review Original article by Mark Ludlow |
| ABIX Summary |
| The revelation that a convicted rapist has been
working as a surgeon in Queensland is already having political ramifications.
Queensland Premier Peter Beattie told the press on 14 August 2006 that
he would re-evaluate calling an early election. He promised to do his utmost
to continue reforming the state's doctor registration system until public
safety could be ensured. In the latest scandal involving a foreign-trained
doctor, the Government only became aware of orthopaedic surgeon Eugene
Sherry's past after being alerted by the Australian Medical Association.
In 1980 Sherry, who trained in New Zealand, was convicted in the US of
raping a nurse and de-registered. The Queensland Crime & Misconduct
Commission will investigate
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| Full textFairfax Newsstore (pay-per-view) |
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Top |
| Telstra primed for network fight |
| The Sydney Morning Herald Original article by Lisa Murray and Matt O'Sullivan |
| ABIX Summary |
| Australian telco Telstra has suffered an initial
defeat in its battle with the regulator. The Australian Competition &
Consumer Commission has ruled that the company must lower the wholesale
access price for its existing copper lines network from $A22 per month
and subscriber to $A17.70. While Telstra has declared it will take legal
action against the decision, its stock closed $A0.09 lower at $A3.67 on
14 August 2006, barely above the record low set in March. Telstra's dividends
and the Australian Government's final sell-off of its stake in the telco
will be affected by drawn-out court proceedings. The Government will also
review Telstra's new third generation technology, before it replaces the
CDMA network the company wants to phase out
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TELSTRA CORPORATION LIMITED - ASX TLS: Current quote Chart |
| Full article text[Free link] |
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| Law expert appointed magistrate |
| Northern Territory News Original article by Rebecca Hewett |
| ABIX Summary |
| The Northern Territory Government has appointed
new magistrates to serve in Darwin and Alice Springs. Sue Oliver, former
Dean of the Faculty of Law at Charles Darwin University, will take up the
vacant position on the bench in Darwin, and Greg Borchers, former legal
adviser to the Central Land Council, will become a new magistrate in Alice
Springs. Justice Minister Peter Toyne said both magistrates had strong
legal backgrounds in the Territory
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| Silence on murder inquiry's next step |
| The Sydney Morning Herald No author supplied for original article |
| ABIX Summary |
| A surprise witness has thrown new light on Janelle
Patton's death on Norfolk Island. Aliesha Taylor, the murder suspect's
former wife, was found to be implicated in a violent altercation with a
woman on the day of Patton's death. Witness Tracy Wilkinson testified in
August 2006 that she had seen Taylor in a violent argument near their workplace.
The woman was wearing the same pair of white joggers Patton was clothed
in. Wilkinson also claimed to have seen blood on Taylor's shirt. Australian
police has not decided whether to interview Taylor again
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| Full article text[Free link] |
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| Einfeld-led company collapses in debt |
| The Sydney Morning Herald Original article by Tim Dick |
| ABIX Summary |
| A charitable company founded by former Federal Court
of Australia judge Marcus Einfeld has collapsed. The not-for-profit organisation
Australian Legal Resources International (ALRI) is in the hands of administrator
Neil Cussen. He said although the company had several large debts there
was no evidence it had traded while insolvent. A spokesman for the Australian
Government's overseas aid program, AusAID, said it was owed more than $A120,000.
Other debtors include the Australian Taxation Office, St George Bank and
Einfeld himself. ALRI worked to improve legal systems in developing countries.
Meanwhile a New South Wales police investigation continues into allegations
Einfeld lied under oath to avoid a speeding fine
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| Full article text[Free link] |
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| Medics abused while helping impaled man |
| The West Australian Original article by Daniel Emerson |
| ABIX Summary |
| Western Australian Magistrate Robert Black has fined
a man for hindering the work of ambulance officers. The Fremantle Fire
& Rescue crew personnel had tried to help the accused's friend after
he fell off a roof onto a metal fence. After pleading guilty and receiving
a fine of $A600 and costs being awarded against him of $A111, Phillip Browne
said outside court on 14 August 2006 that he felt no remorse for his actions.
He added that he was too intoxicated to remember the incident, but was
certain he only acted out of concern for his drinking companion
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| Confident Leighton has no extra provision for rail tunnel loss |
| The West Australian Original article by Mark Drummond |
| ABIX Summary |
| Western Australian (WA) Planning & Infrastructure
Minister Alannah MacTiernan says the Government's stance on a legal claim
has not changed. The Leighton-Kumagai joint venture constructing part of
the new Perth-Mandurah railroad in WA is taking court action to be paid
for cost over-runs on the project, which the Government has so far rejected.
Leighton Holdings has made no provision in its results released to the
market in mid-August 2006 for a possible failure of its bid to receive
the funds. It had already included a forecast loss of $A20m in the 2004-05
accounts, and now wants $A204m
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LEIGHTON HOLDINGS LIMITED - ASX LEI: Current quote Chart |
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| Body corporate law may force up fees |
| The Australian Financial Review Original article by Mark Phillips |
| ABIX Summary |
| The Victorian Government has introduced legislation
to update regulations for bodies corporate. More than a million Victorians
own, live or work in properties managed by a body corporate, due largely
to the development of high-rise apartments. The new regulations, due to
take effect in 2007, will introduce obligations such as business licensing,
a dispute-resolution process and a requirement that developers act in the
interests of owners. Most of the changes will affect property owners, managers
and developers. Observers say the increased regulation may encourage many
owners to outsource management, leading to an increase in body corporate
fees
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| Full textFairfax Newsstore (pay-per-view) |
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Top |
| CSIRO court battle resumes |
| The Australian Original article by Selina Mitchell |
| ABIX Summary |
| CSIRO is involved in two court cases with several
technology giants over royalties from its US patent. The Australian Government
agency has a patent on technology which involves wireless local area networks
(LANs). CSIRO has sued Buffalo Technologies of Japan over royalty payments.
The Buffalo case ruling is due by early September 2006. CSIRO is also involved
in a legal case over similar issues with Microsoft, Intel, Hewlett-Packard,
Dell and Netgear. The companies are seeking to strike out the patent as
CSIRO is a foreign government agency
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| Story 'cost minister his post' |
| The Australian Original article by David King |
| ABIX Summary |
| New South Wales (NSW) MP, Eddie Obeid, claims that
his career was ruined by a defamatory article in a Sydney newspaper. He
told the Supreme Court of NSW on 14 August 2006 that former Premier, Bob
Carr, told him not to nominate for a ministry because of the attacks in
"The Sydney Morning Herald". He is claiming damages over an article written
by Kate McClymont and Anne Davies that appeared in August 2002. They alleged
that Obeid agreed to support the $A800 million Oasis project in return
for a $A1 million donation to the Australian Labor Party. A corruption
investigation later cleared Obeid
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| Photos could prejudice terror cell case: lawyers |
| The Age Original article by Ian Munro |
| ABIX Summary |
| Photographs of terror cell suspect Aimen Joud with
an assault rifle were released by a Melbourne court on 14 August 2006.
They were taken in 2002 when he was on holiday in Lebanon. His lawyer,
Paul Marin, objected, saying the photographs were not relevant. Lawyers
for the other alleged members of the terrorist cell agreed, saying that
the images could prejudice their clients' defence. The 12 men, including
Joud, have been charged with being members of a terrorist organisation.
The photographs were sent anonymously to the Australian Federal Police
|
| Full article text[Free link] |
| Full textFairfax Newsstore (pay-per-view) |
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Top |
| Pet pig's owners won't give up fight |
| The Age Original article by Steve Butcher |
| ABIX Summary |
| A Melbourne couple may have to give up their pet
pig. On 14 August 2006 Magistrate Jill Crowe found that the pig, known
as "Arnold", was livestock and that to keep him, the Lazaridis family would
need a permit. This has already been refused by the Nillumbik Shire Council.
"Arnold" is four years old, a strict Vegan and lives with George and Vicki
Lazaridis, who brush him every day. While the couple were fined for keeping
livestock without a permit, Ms Crowe said it is possible that the application
of Victorian Local Law had been discriminatory in this case. The Lazaridis
family may appeal
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Top |
| Kazaa pays $151m |
| The Age Original article by Rebecca Giblin-Chen |
| ABIX Summary |
| The owners of the Kazaa file-sharing software have
reached a $A151m settlement with international record companies. In addition,
the group has agreed to introduce filtering tools to reduce the incidence
of further copyright infringements. The agreement will bring to an end
separate legal action against Kazaa in the US. In a September 2005 ruling,
the Federal Court of Australia held the Kazaa owners liable for "authorising"
infringements, effectively handing them responsibility for offences committed
by third parties. It appears that under Australia's laws, technology providers
may be liable for infringements that they would not be held accountable
for under UK, US or Canadian laws
|
| Full textFairfax Newsstore (pay-per-view) |
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Top |
| Criminal past uncovered |
| The Courier-Mail Original article by Jeff Sommerfeld, Rosemary Odgers and Steven Wardill |
| ABIX Summary |
| Another doctor with a criminal past has been revealed
in Queensland. Eugene Sherry served six months in jail in the US in 1982
over the rape of a nurse. He did not reveal the conviction to Queensland
authorities. He has been stood down from his position at Rockhampton Hospital
and the Medical Board of Queensland is considering his registration. The
Queensland Government implemented stricter doctor registration requirements
after another case in 2005. It has now ordered criminal checks on doctors
working in the state
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| Hike in Aussies doing NY Bar |
| Lawyers Weekly Original article by Deborah Hodgson and Alex Boxsell |
| ABIX Summary |
| The 2006 biannual New York Bar Exam has attracted
record numbers of Australian lawyers. Beatrice O'Brien, president of Attorney
Placements International, which runs the New York Bar Review Quality Program,
described the New York exam as the most difficult legal exam in the English-speaking
world. The number of Australians who did the review rose from 200 in 2005
to 350 in 2006. Under the E3 visa program, 10,500 Australian professionals
are allowed to enter the US every year
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| LCA supports US access for Australian lawyers |
| Lawyers Weekly No author supplied for original article |
| ABIX Summary |
| The Law Council of Australia (LCA) has sent a delegation
to the US Conference of Chief Justices in Indianapolis. The aim of the
US visit is to make it easier for Australian lawyers to practice in the
US. Tim Bugg, president of the council, said the delegation wanted to meet
with as many state and territory chief justices as possible. The council
would lobby for allowing Australian lawyers to practice for short periods
without local regulation. The delegation is composed of Bugg, Cathy Raper,
director at the Department of Foreign Affairs & Trade, and past LCA
presidents John North and Gordon Hughes
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| New Qld Law Society boss backs solicitors for judiciary |
| Lawyers Weekly No author supplied for original article |
| ABIX Summary |
| There are no good reasons why solicitors should
not be considered for judicial appointments. Joe Pinder, the new president
of the Queensland Law Society, said he "firmly believed" that solicitors
should be considered for appointment as senior judicial officers. Pinder
expressed his views on judicial appointments after the appointment of Ann
Lyons to the Supreme Court of Queensland and the comments made on this
matter by Martin Daubney, president of Bar Association of Queensland
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| More than firms at the fair |
| Lawyers Weekly No author supplied for original article |
| ABIX Summary |
| The Victorian Law Careers Fair is expected to attract
a lot of attention from prospective lawyers. Victoria Legal Aid (VLA),
the Law Institute of Victoria, the College of Law, Jacinta Fish Legal,
and boutique legal recruitment consultancy Jones & Koller are among
organisations that plan to participate in the event. VLA will provide information
on its articled clerkship programs. In 2008, VLA will offer four general
articled clerkship positions, one position at a rural regional office,
and two positions for indigenous law graduates
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| McBrats wins in IP lawyer vs Maccas case |
| Lawyers Weekly Original article by Kate Gibbs |
| ABIX Summary |
| Malcolm McBratney, partner at law firm McCullough
Robertson, has won a legal case involving fast food chain McDonald's. The
Federal Court ruled that McBratney could register his nickname "McBrat"
as a registered trademark and use it on his sponsored rugby team's uniform.
McBratney expressed satisfaction with the verdict and said that big corporations
should not be allowed to abuse the trademark regime. Irish people with
family names starting with "Mc" cannot use a derivation of their names
without attracting attention of McDonald's
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| Opposition grows to Migration Bill |
| Lawyers Weekly Original article by Alex Boxsell |
| ABIX Summary |
| The Migration Amendment (Designated Unauthorised
Arrivals) Bill 2006 has been criticised by associations representing Australian
lawyers. The Public Interest Law Clearing House and the Human Rights Law
Resource Centre believe the bill, which is before Federal Parliament, may
lead to violations of fundamental human rights. If the Bill is passed,
Australia risks repudiating its obligations under the Convention Relating
to the Status of Refugees 1951
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Top |
| CBA sells stake in power station |
| Lawyers Weekly No author supplied for original article |
| ABIX Summary |
| The Commonwealth Bank of Australia had sold its
15.2 per cent stake in the Loy Yang A power station and mine. The bank
sold the stake for $A179.8 million to four buyers: Transfield (9.32 per
cent), MTAA Super (1.52 per cent), Statewide Superannuation Trust (2.50
per cent) and Westscheme (1.83 per cent). The bank was advised on the deal
by a Freehills team, composed of partner Tony Damian and solicitor Fiona
Scattergood. They were assisted by Derek Culey of Commonwealth Bank Legal
Services
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TRANSFIELD SERVICES LIMITED - ASX TSE: Current quote Chart |
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| ADT has no jurisdiction over TPA in NSW: Court of Appeal |
| Lawyers Weekly No author supplied for original article |
| ABIX Summary |
| The Administrative Decisions Tribunal has no jurisdiction
to hear the claims arising under the Trade Practices Act. The ruling to
this effect was issued by the Court of Appeal in a case involving a landlord
in New South Wales whose retail tenant alleged misleading and deceptive
conduct under the Trade Practices Act 1974. The landlord was represented
by Raj Lawyers. Niren Raj, of Raj Lawyers, says he has been arguing for
the last six years that the tribunal has no jurisdiction to hear trade
practices matters because only judicial officers could do it
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Top |
| Futuris acquires ITC for $155 million |
| Lawyers Weekly No author supplied for original article |
| ABIX Summary |
| Australian-listed diversified industrial company
Futuris Corporation has bought plantation management company Integrated
Tree Cropping. Commercial law firm Thomson Playford acted for Futuris in
the $A155 million acquisition. Its team was led by corporate partners Loretta
Reynolds and Con Tzerefos. Integrated Tree Cropping was represented by
Andrew Shearwood from Freehills' Perth office
|
FUTURIS CORPORATION LIMITED - ASX FCL: Current quote Chart |
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Top |
| Employer wins appeal against 'constructive dismissal' |
| Human Resources No author supplied for original article |
| ABIX Summary |
| CFP Management has won an appeal against a former
employee claiming constructive dismissal. In Cook v CFP Management Pty
Ltd (2006) QCA 21, Cook alleged that he was constructively dismissed when
Bell Potter acquired CFP and therefore entitled to long service leave and
notice of $A92,000. Queensland's Court of Appeal ruled that the court needed
to look into the facts or substance of the termination rather than the
form. Cook had submitted a resignation letter because he wanted to accept
another job offer
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