A daily briefing of legal news featured in Australia's major newspapers keeping you abreast of latest development in the legal industry.
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legalBIX Daily Newsletter 2 November, 2011 |
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| Clock ticks on Samsung patent appeal |
The Australian Financial Review --- Page: 58 : 2 November 2011
Original article by Brian Corrigan
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| LexisNexis Summary |
The full Federal Court of Australia will on 25 November 2011 hear an appeal against the interlocutory injunction on Samsung selling its Galaxy Tab 10.1. The initial court victory had been gained by rival Apple, which argued Samsung was infringing patents relating to the iPad tablet computer. John Swinson, partner at law firm Mallesons Stephen Jaques, says the judges have the ability to lift the ban now and provide detailed reasons later on, which would enable Samsung to still benefit from the crucial pre-Christmas retailing period. In general terms, the case has proceeded at a very rapid pace already
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| Chinese challenge dumping duties |
The Age --- Page: B8 : 2 November 2011
Original article by Leonie Lamont
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| LexisNexis Summary |
On advice by the Australian Customs & Border Protection Service, Federal Attorney-General Robert McClelland renewed a dumping ruling against two Chinese companies. Local manufacturer Capral in May 2009 accused overseas rivals of import dumping, and findings were made against PanAsia Aluminium (China) and Tai Shan City Kam Kiu Aluminium Extrusion. Both have no launched Federal Court action against the decision, alleging errors of law and wanting to gain access to the relevant documents
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| Tomorrow's police turn to tweets, posts |
The Australian Financial Review --- Page: 58 : 2 November 2011
Original article by David Ramli
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| LexisNexis Summary |
Kristen Boschma of Haystac and Australian Federal Police (AFP) director national marketing and online services Rob Crispe have commented on the use of social networking media by police. Crispe says the AFP will gradually extend its adoption of new technology such as Facebook and Twitter from communicating to the public to the receiving of reports from users on criminal activity. Boschma notes that as organised gangs are already drawing on the advantages offered by social networking media, police forces need to monitor these channels as well
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| Shorten targets profit shifters |
The Australian Financial Review --- Page: 3 : 2 November 2011
Original article by Katie Walsh
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| LexisNexis Summary |
The Australian Taxation Office's (ATO) application of transfer-pricing rules to international companies was deemed defective by the full Federal Court in the SNF case in mid-2011. It rejected the ATO's claim that it was using the guidelines as intended by the OECD, and the agency did not appeal. Federal Assistant Treasurer Bill Shorten has now announced that the relevant legislation will be overhauled, in order to curtail the moving of profits to overseas by global businesses. The ATO's total legal costs during 2010-11 rose $A14.2m to close to $A88m. Decisions for it were worth $A626m in tax revenue, but those against almost $A1bn
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| Racehorses not the best bet for your fund |
The Australian Financial Review --- Page: 29-30 : 2 November 2011
Original article by John Wasiliev
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| LexisNexis Summary |
DBA Lawyers partner Daniel Butler notes racehorse syndication is an established business in Australia. Horses are trained to compete for more than $A420m in prize money. A 10% stake in a thoroughbred yearling can be bought for between $A15,000 and $A25,000, with training fees costing $A300 to $A400 per month. Self-managed superannuation funds can invest in the thoroughbred racing industry, but Butler notes there is no guarantee of returns
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| Abattoir faces $1m in surety |
The Australian Financial Review --- Page: 13 : 2 November 2011
Original article by Mark Skulley
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| LexisNexis Summary |
Fair Work Ombudsman lawyers asked the Federal Court to order a New South Wales abattoir to pay $A1m in surety due to concerns the employer will not pay redundancy or annual leave to about 200 workers. The Ramsey group of companies allegedly told employees a Grafton abattoir would close on 14 November 2011 with no redundancy payable. A 19 October 2011 Federal Court ruling found Ramsey positioned a "sham" company between the main entity and employees
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| Tribunal would order a compromise |
The Australian Financial Review --- Page: 11 : 2 November 2011
Original article by Jason Murphy and Mathew Dunckley
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| LexisNexis Summary |
Legal experts believe the Qantas Airways industrial relations dispute is unlikely to be solved by negotiation, and compulsory arbitration could be enforced. Mallesons Stephen Jaques industrial relations partner Murray Kellock notes the 21-day negotiation time ordered by Fair Work Australia can be extended by a further 21 days, but even 42 days may not be enough. Kellock says compromises will need to be made by both the airline and unions
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| Industrialist settles price row with Alinta |
The Australian Financial Review --- Page: 15 : 2 November 2011
Original article by Jonathan Barrett
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| LexisNexis Summary |
Gordon Martin's Coogee Chemicals has settled a dispute with Alinta Energy out of court. Coogee alleged that when it agreed to one of Australia's highest-priced gas contracts ever, it was subject to extortionate ploys. Phil Thick, CEO of the Western Australian energy group, says the settlement was amicable and its details are covered by strict confidentiality. An unnamed insider attributes a management overhaul at Alinta to the settlement of the fraught dispute
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| Suit puts 'court's decisions at risk' |
The Australian --- Page: 3 : 2 November 2011
Original article by Chris Merritt
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| LexisNexis Summary |
Federal magistrates have been warned about the consequences of their suit against the Australian Government. The magistrates are claiming better retirement benefits. Lawyers for the government have told the magistrates that their suit could result in a ruling that could invalidate their appointment and question the legitimacy of all their decisions
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| Calm, co-operative: Bali boy admits possession |
The Australian --- Page: 3 : 2 November 2011
Original article by Peter Alford
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| LexisNexis Summary |
An Australian boy faced a court in Bali on 1 November 2011, on charges of possessing marijuana. His lawyer is confident that the trial will conclude by 11 November. He hopes to gain a conviction without a custodial sentence, allowing the youth to return to Australia
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| Greens bill makes federal history |
The Age --- Page: A8 : 2 November 2011
Original article by Richard Willingham
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| LexisNexis Summary |
The Australian Parliament has passed a Greens bill for the first time. The bill means a federal minister can no longer veto Australian Capital Territory or Northern Territory law. The Government backed the bill after receiving assurances it was about democratic rights, not gay marriage or euthanasia. The Coalition claims the passing of the bill will ultimately lead to same-sex marriages becoming legal
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| Company insiders to testify on desal spy operations |
The Australian --- Page: 1-2 : 2 November 2011
Original article by Hedley Thomas
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| LexisNexis Summary |
Marcus Carroll, a Thiess executive, will be asked in court on 2 November 2011 about spying on workers and unions via Project Pluto. The litigation was instigated by the Construction, Forestry, Mining & Energy Union and the Australian Manufacturing Workers' Union in an effort to obtain secret documents concerning spying at an embattled desalination plant construction project. Parent Leighton Holdings and Thiess maintain that management did not know of Project Pluto until it was revealed by "The Australian" in November 2010
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