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Articles related to "court"


Supreme Court rejects appeal from Louisiana inmate with coronavirus concerns

  • The move effectively blocks a lower court order that required the prison to submit a plan detailing the steps it is taking to implement precautionary measures.
  • In court papers, Louisiana said that not only had Marlowe failed to properly bring his claim and exhaust the normal grievance procedures required by law, but that his original lawsuit was filed back in 2018, long before the coronavirus pandemic, when he was residing in a different facility.
  • Louisiana Attorney General Jeff Landry said Marlowe's petition is riddled with errors and that the lower court had highlighted the fact that officials at the facility had "taken numerous steps to implement policies to contain the spread of COVID-19".
  • A district court ordered the facility to provide the court a with a plan detailing how it expects to implement social distancing practices.

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Latest U.S. court decision on Keystone XL a fresh, ‘frustrating’ setback for oilpatch

  • CALGARY — A fresh setback for the controversial and often-delayed Keystone XL pipeline is “frustrating” for Canada’s oil and gas industry, though builder TC Energy Corp.
  • The U.S. Court of Appeals for the 9th Circuit decided not to overturn a ruling from a lower court on Thursday that cancelled a national environmental permit that TC Energy needs to build Keystone XL across waterways in the United States.
  • TC Energy and the U.S. Army Corps of Engineers had asked the California-based 9th Circuit court to overturn the lower court’s decision, which was issued April 15, and is now expected to result in some work delays for the company in the U.S. Cunha did not say whether work could continue in the United States in areas without waterways — an issue that’s still an open question for Canadian oil producers interested in seeing the project proceed.

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How a court decision could unlock mysteries of Whitlam's dismissal

  • The High Court's ruling could shed light on key questions including why Sir John Kerr acted in secret against a democratically-elected prime minister, and if there was any explicit prior support from the Queen.
  • Friday’s 6-1 High Court decision ordering the National Archives to reconsider its refusal to allow political historian Jenny Hocking access to the 211 letters between Kerr and Queen Elizabeth, Prince Charles and her private secretary, Sir Martin Charteris, in the months leading up to the dismissal should lead to crucial information being revealed about Kerr’s motivation in taking such an extraordinary action.
  • Key questions include why Kerr decided to act in secret against a democratically elected prime minister, and if there was any explicit prior support from the Queen, Sir Martin, who was her private secretary from 1972-77, or from the heir to the throne, Prince Charles, for his intended action.

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Traditional owners consider billion-dollar shot at Fortescue

  • A High Court defeat has left Andrew Forrest’s Fortescue Metals Group exposed to a huge compensation claim that traditional owners could link to a percentage of the tens of billions of dollars in revenue the company has earned from iron ore mining in Western Australia.
  • The High Court denied Fortescue special leave to appeal earlier rulings from six Federal Court judges that effectively mean the company built part of its Solomon iron ore mining hub in Western Australia without permission of traditional owners.
  • YAC chief executive Michael Woodley said he would recommend the community seek compensation based on 10 per cent of revenue from iron ore production from the Solomon hub since it started operating in 2013.
  • His comments came soon after the full Federal Court had rejected an appeal against an earlier ruling which gave the YAC exclusive possession in native title terms over 2700 square kilometres in WA’s iron ore-rich Pilbara region.

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$721m to be refunded after robo-debt backflip

  • The Morrison government will refund $721 million raised against 470,000 debts under its controversial robo-debt scheme, Government Services Minister Stuart Robert says.
  • The embarrassing backflip announced late Friday comes after the government paused recovery of robo-debts late last year and ahead of a class action lawsuit scheduled to be heard in the Federal Court in July.
  • Mr Robert said the government was taking “responsibility for upholding the integrity” of the welfare system, while Labor said the decision was about keeping ministers out of the witness box.
  • The government has been under fire for more than three years over its robo-debt scheme for distressing welfare recipients by demanding they repay money often not actually owed.
  • At the same time, Gordon Legal launched a class action lawsuit against the government saying debt recipients "should be compensated".
  • Court finds that letters between the Queen and the former governor-general Sir John Kerr are public records.

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PM hints BOOT should get the boot

  • Employers have complained that the bargaining system is in decline and have urged reform, including scrapping the strict BOOT that requires each worker to be better off than the award and sees many deals fail or get delayed.
  • Meanwhile, employers on Friday urged the Fair Work Commission to extend any delay to this year's minimum wage increase for JobKeeper recipients to all businesses due to the breadth of economic harm and risk to jobs from the coronavirus crisis.
  • But the Australian Chamber of Commerce and Industry said it "neither calls for, nor supports" singling out JobKeeper recipients and argued businesses that don't qualify for the wage subsidy have still suffered significant downturns.
  • If the commission did delay a wage rise for JobKeeper recipients, ACCI said it should be delayed until at least January to give businesses time after the subsidy stops to assess the staff they can keep.

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Ken Talbot's widow seeks $45m in damages over will

  • The widow of former Queensland mining magnate Ken Talbot is seeking at least $45 million in damages from Melbourne law firm Arnold Bloch Leibler for alleged negligence in the execution of her late husband's estate.
  • Ten years on from his death in a light plane crash in the Congo, Amanda Talbot is claiming the failure to properly administer her husband's estate by both Arnold Bloch Leibler and his long-standing solicitor Bill Boyd had cost her "hundreds of millions of dollars" in potential investment windfalls.
  • Mr Boyd was appointed the administrator of Mr Talbot's estate in June 2012 and the late mining magnate's financial matters were still unresolved, according to the latest court documents filed this week.
  • Mrs Talbot's lawyers, including former Northern Territory chief minister Paul Everingham, claim ABL should have known Mr Talbot had engaged Mr Boyd to prepare a new will and should have tried to access that document.

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Sacked lawyer sues billionaire Harry Triguboff

  • A former lawyer for Meriton Property Services is suing one of the country's richest men, billionaire Harry Triguboff, and the company, alleging he was sacked because he refused to lie in an affidavit.
  • The company's former group general counsel, Joseph Callaghan, is suing for $556,500 in compensation plus penalties, claiming he was fired from his $350,000-a-year job by the 87-year-old property developer this year because he refused to exaggerate the time it took for the City of Sydney Council to approve one of Meriton's buildings.
  • In a statement of claim submitted to the Federal Circuit Court on Wednesday Mr Callaghan alleges Mr Triguboff asked him to do so during a meeting in February, also attended by Mr Triguboff's daughter and two grandchildren, where in an affidavit it said that it had taken the City of Sydney Council "three years to approve my building".

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Mayfair 101 fund's prize asset under a cloud

  • Receivers have raised the alarm about the transfer of a key software asset from one part of the under-fire Mayfair 101 investment group to another – on the promise of repayment in 15 years.
  • Among the most startling revelations was that the main investment – a stake in Indian accounting software firm Accloud – had actually been transferred from a direct holding to another entity in the Mayfair 101 group dated January 2019.
  • The court also heard submissions from IPO Wealth investors, including a worried retiree couple who had invested $1 million in what they understood “was like a term deposit”.
  • A Victorian man, known only as Investor A, was allowed to appear in the Zoom-video court hearing and said he was concerned by Vasco’s actions as his experience with IPO Wealth over two years had been “nothing but impeccable”.

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ASIC bans ex-Linchpin Capital boss Peter Daly for five years

  • Peter Daly, the colourful former chief executive of collapsed financial services group Linchpin Capital, and two fellow directors have been banned from providing financial services for five years after a failed appeal.
  • Mr Daly was a prominent figure in the financial planning industry, as the former chief executive of Linchpin subsidiary Beacon Group and before that the Australian Financial Services (AFS) Group, which was investigated by ASIC in 2011 and went into administration in 2013, leaving more than 200 financial advisers without a licence.
  • But an ASIC affidavit filed in the Federal Court in Queensland in 2018 alleged that Linchpin's business model involved financial advisers licensed by its subsidiaries promoting the company's in-house investment funds.
  • Shortly before ASIC sought court orders against Linchpin in 2018, the company announced plans to list on the Australian Securities Exchange and merge with fund manager AD Capital.

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