Tag Archives: legal

Victorian ALP fails in legal bid to silence disisident member

Agen Sabung Ayam

Posted December 11, 2015 21:03:01

The Victorian ALP has failed in a legal bid to shut down a campaign by a dissident member to expose alleged branch stacking.

The decision in the Victorian Supreme Court on Friday afternoon meant veteran transparency activist Eric Dearricott would retain access to party membership records, which he said proved the widespread use of pre-paid gift cards to stack branches in Victoria.

The party had sought an injunction to force Mr Dearricott, who sits on the Victorian ALP’s membership administration committee, to hand over the membership records.

However, Supreme Court Justice Kim Hargrave ruled that Mr Dearricott should retain hard copies of the records.

Justice Hargrave ordered that Mr Dearricott turn over any electronic copies of the records to the party, but that he should be allowed continued to access to the electronic records at party headquarters, which will allow him to continue his campaign against the alleged stacking.

The party, through legal firm Slater and Gordon, had argued that it risked legal action from the Commonwealth Bank, which provides the E-Way electronic payments system used by the party, if it allowed Mr Dearricott continued access to the records.

Georgina Schoff QC, for the party, said the bank demanded confidentiality of customer records as a condition of providing the system.

The party pointed to media reports that apparently drew on the confidential records as evidence that they were being inappropriately used by somebody on the membership administration committee.

However, Justice Hargrave expressed frustration that the party had resorted to “urgent” legal action, saying that it was an issue that should arguably have been resolved by discussion between Mr Dearricott and the party hierarchy.

A number of supporters of Mr Dearricott were in court, including former Victorian Premier John Cain, as were senior party officials and members of the membership committee.

Members of the committee were granted access to the highly-sensitive membership records in recent months after signing an undertaking not to divulge credit card details within.

Allegations of misuse of gift cards

However, as media reports of apparent irregularities began to emerge, access was shut off and threats of legal action made by the party hierarchy.

Media reports have alleged widespread use of the pre-paid gift cards, which can be purchased and used without the buyer providing any identification, to sign up ALP members without their knowledge, or to pay for large numbers of memberships to cement control of branches in several Victorian electorates.

However, in leaks to other media outlets, opposing sources apparently aligned to the party hierarchy have denied that the rorting is widespread or systemic, and said the party is working to stamp the practice out.

An investigation by party veterans Garth Head and Liz Beattie — ordered by the party leadership — identified some irregularities and called for a purge of hundreds of Victorian members of the party.

However, critics have questioned whether the investigation uncovered the full extent of the problem.

Transparency campaigners have said the investigation focused only on the use of credit cards to purchase multiple memberships, rather than the allegedly rampant use of pre-paid gift cards to heavily stack branches in Melbourne’s north and west.

Labor faces struggle in Wills

The legal action against Mr Dearricott also came as the party prepared for a potentially bruising pre-selection ballot in the formerly rock-solid Labor-held electorate of Wills.

The pre-selection, triggered by the impending retirement of MP Kelvin Thomson, is shaping up as a battle between former Labor senator Mehmet Tillem, reviled by some in the party as an archetypal Labor factional operator, and whoever emerges as the candidate of the anti-Tillem forces, who are agitating for a local, female candidate who will hold off the encroaching tide of Greens support.

Federal Labor leader Bill Shorten is believed to be considering backing a female candidate against Mr Tillem, due to Labor’s stated goal of women filling 50 per cent of all party positions by 2025.

While some in the party, including opponents of Mr Tillem, have played down the extent of branch-stacking in Wills, others have said it is widespread and cannot help but affect the result of the pre-selection ballot.

Topics: government-and-politics, political-parties, alp, federal-government, australia


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Victorian Labor takes legal action against member amid allegations of branch stacking

Agen Sabung Ayam

Posted December 10, 2015 22:18:35

Relevant Tale: Labor users to have cards torn up over membership irregularities
Connected Tale: Shorten favours woman prospect to substitute retiring Victorian MP

The conflict in excess of department stacking in the Victorian division of the Labor Party has intensified, with the celebration using lawful action to force a dissident member to ruin documents he suggests show popular stacking is taking place.

The ABC has been informed the party will find in an injunction in the Supreme Courtroom on Friday to force Eric Dearricott, a rebel member of its administrative committee, to demolish the documents, which he says are proof of the popular use of pre-paid out present cards to stack Victorian branches.

Mr Dearricott has lengthy agitated in opposition to what he claims is the manipulation of party membership to reward Labor powerbrokers, notably in the celebration heartland of the western and northern suburbs of Melbourne.

Get together officials have claimed Mr Dearricott improperly accessed membership records, which includes names, addresses, payment details and world wide web protocol addresses, and final thirty day period attorneys for the party demanded Mr Dearricott demolish the records.

Mr Dearricott claims he was entitled to access the data, and was in fact requested by the social gathering to study the documents to figure out regardless of whether rorting was taking place.

Media reviews have alleged widespread use of the pre-paid out gift playing cards — which can be bought and used without having the customer supplying any identification — to signal up ALP users without having their understanding, or to spend for large quantities of memberships to cement manage of branches in several Victorian electorates.

Even so, in leaks to other media shops, opposing resources apparently aligned to the party hierarchy have denied that the rorting is common or systemic, and said the celebration was doing work to stamp out the exercise.

A recent investigation at the behest of the administrative committee, carried out by the right’s Garth Head and the left’s Liz Beattie, established that prevalent membership rorting employing pre-paid out playing cards was not happening.

Nonetheless, critics have advised Mr Head and Ms Beattie’s report did not expose the accurate extent of the problem.

Legal motion will come as social gathering prepares for Wills pre-variety

The ABC uncovered earlier this calendar year that a previous staffer to get together heavyweight Senator Stephen Conroy, Haykel Handal, experienced been kicked out of the celebration for making use of the pre-compensated cards to signal up several associates.

The ABC also unveiled that a Moreland Town councillor joined to alleged Italian organised criminal offense figures, Michael Teti, used the business office of former federal Labor Senator and acolyte of Senator Conroy, Mehmet Tillem, to improperly indication up folks to the Labor Celebration with no their information.

The ABC does not propose Mr Tillem realized of Mr Teti’s backlinks to the alleged crime figures or the alleged department stacking.

The lawful action in opposition to Mr Dearricott also comes as the party prepares for a possibly bruising pre-choice ballot in the previously rock-sound Labor-held voters of Wills.

The pre-selection, activated by the impending retirement of MP Kelvin Thomson, is shaping up as a struggle between Mr Tillem, reviled by some in the get together as an archetypal Labor factional operator, and whoever emerges as the candidate of the anti-Tillem forces, who are agitating for a local, female prospect who will maintain off the encroaching tide of Greens assist.

Federal Labor chief Invoice Shorten is generally explained as an ally of Senator Conroy’s but is thought to be taking into consideration backing a female applicant against Mr Tillem, due to Labor’s stated goal of women filling 50 for each cent of all party positions by 2025.

Equally Mr Dearricott and the ALP’s state assistant secretary, Kosmos Samaras, have refused to remark.

Subjects: alp, political-events, point out-parliament, courts-and-trials, vic


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Baden-Clay’s jail term for killing wife Allison could be slashed: legal experts

Agen Sabung Ayam

Posted December 09, 2015 12:02:12

Gerard Baden-Clay could be out of jail in just a number of a long time right after his conviction for killing spouse Allison was downgraded from murder to manslaughter in a shock appeal decision.

Queensland’s Main Justice Catherine Holmes and two other Court of Attractiveness judges established apart previous year’s demo verdict on Tuesday and changed it to manslaughter.

They located no sound proof the former actual estate agent, forty five, supposed to eliminate his wife, and stated it was achievable he killed her unintentionally during a violent clash.

Stunned silence followed the selection when it was introduced to a packed Brisbane courtroom stuffed with Allison’s household and supporters.

Baden-Clay was not in court docket for Tuesday’s decision.

He had been serving a existence sentence with no likelihood of parole until finally at least 2027 right after he was convicted of murder in July very last year.

There have been circumstances of non-custodial sentences for manslaughter. It’s really challenging to forecast.

QUT Regulation Faculty lecturer Dr Nigel Stobbs

Whilst manslaughter also carries a greatest life sentence, legal authorities stated Baden-Clay was now going through a considerably lesser jail expression and could be suitable for parole by 2020 if the median sentence was utilized.

“For the maximum penalty to be imposed, it really is typically reserved for the very worst kinds of offences in that group,” QUT Legislation College lecturer Dr Nigel Stobbs said.

“In relation to the Baden-Clay killing, we don’t even have a precise result in of dying and a lot of the circumstances are just circumstantial and obscure.”

Professor Heather Douglas from the University of Queensland’s Law Faculty mentioned the median manslaughter sentence was eight several years, but jail phrases of 4 a long time were not unusual.

“There have been situations of non-custodial sentences for manslaughter,” she stated.

“It’s quite difficult to predict.”

The two specialists mentioned aspects these kinds of as Baden-Clay’s formerly unblemished report and comparatively good standing in the group would perform in his favour.

But his lack of cooperation with authorities would not.

“I would believe that the sentencing decide will be really cognisant of the simple fact that this fellow tried to go over up the killing and misdirected law enforcement, and set the loved ones and specially youngsters through huge stress,” Dr Stobbs explained.

Baden-Clay is expected to be re-sentenced subsequent 12 months.

Acting Queensland Legal professional-Basic Cameron Dick has sought legal tips on the prospect of an appeal.

An attraction should be submitted inside 28 times.

“When that tips has been received and considered, a choice will be made as to whether an attractiveness should be lodged,” Mr Dick explained in a assertion.

Exterior Url: Courtroom of Charm decision into Baden-Clay murder charm

A lot more on this tale:

AAP

Topics: murder-and-manslaughter, courts-and-trials, law-criminal offense-and-justice, judges-and-legal-occupation, brookfield-4069, qld, brisbane-4000


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For a few truly bad DMCA takedowns, YouTube offers to cover legal costs Agen Sabung Ayam

Agen Sabung Ayam

What are copyright owners angry about lately? Apparently, negative reviews of third-rate video games. (credit: Jim Sterling)

Four video creators will come under YouTube’s legal protection now, under a program unveiled today in a company blog post.

“We are offering legal support to a handful of videos that we believe represent clear fair uses which have been subject to DMCA takedowns,” writes YouTube copyright lawyer Fred Von Lohmann. “With approval of the video creators, we’ll keep the videos live on YouTube in the U.S., feature them in the YouTube Copyright Center as strong examples of fair use, and cover the cost of any copyright lawsuits brought against them.”

The company can’t offer legal protection to every video with a strong fair-use defense, but Von Lohmann writes that “even the small number of videos we are able to protect will make a positive impact on the entire YouTube ecosystem, ensuring YouTube remains a place where creativity and expression can be rewarded.”

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Lawyer: Suit over A-Rod’s legal fees settled Agen Sabung Ayam

Agen Sabung Ayam

The Associated Press

FILE – In this Aug. 5, 2013, file photograph, New York Yankees’ Alex Rodriguez speaks for the duration of a news meeting just before the Yankees performed the Chicago White Sox in a baseball recreation in Chicago. Rodriguez was suspended by way of 2014 that working day when Significant League Baseball disciplined thirteen players in a drug case. A law firm says his firm has settled its lawsuit accusing Rodriguez of failing to pay legal expenses stemming from the Biogenesis scandal. Peter Siachos of Gordon Rees Scully Mansukhani stated Thursday, Nov. 19, 2015, the match was settled “amicably” this month. He declined to disclose the terms. Rodriguez was suspended for the 2014 time following then-Commissioner Bud Selig concluded he violated the sport’s drug agreement and labor deal. Gordon Rees had claimed it helped get Rodriguez’s unique 211-game suspension lowered to 162 game titles in arbitration. (AP Photograph/Charles Cherney, File)

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Interstate Swatting Hoax Act introduced in Congress to close legal loopholes Agen Sabung Ayam

Agen Sabung Ayam

Enlarge / Residence of Reps member Katherine Clark (D-Mass.)

The follow of swatting—meaning, reporting faux threats at an individual else’s location with the hopes of inciting a main reaction like a SWAT team visit—has expanded in current years many thanks to variables this kind of as the rise of phone-masking solutions and World wide web communities egging the act on. But the federal government’s deficiency of specific anti-swatting rules hasn’t helped, which is why Agent Katherine Clark (D-MA) proposed the Interstate Swatting Hoax Act on Wednesday.

“Whilst federal law prohibits employing the telecommunications program to falsely report a bomb danger hoax or a terrorist attack, falsely reporting other emergency circumstances is not at the moment prohibited,” Clark wrote in her announcement of the invoice. As these kinds of, her bill employs wide-yet-particular language to punish any person who “uses a telecommunications system, the mails, or any other facility of interstate or foreign commerce to knowingly transmit untrue or deceptive details indicating that perform has taken, is taking, or will consider spot that could reasonably be considered to constitute a violation of any State or Federal legal law, or endanger public well being or security.”

According to this invoice, the amount of federal jail time for an offense varies primarily based on whether a federal government company is mobilized thanks to the false report, and whether someone is injured or killed as a end result. Offenders will also be compelled to “reimburse any celebration for expenses for an emergency response.”

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