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Former federal health minister Dr Michael Wooldridge was originally hit with a 27-month ban and a $20,000 fine. Photo: Luis Enrique Ascui Mr Lewski is free to go about his business after the Full Court of the Federal Court threw out his 15 year ban.
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The corporate watchdog has been left with egg on its face after the Full Court of the Federal Court found the former directors of Prime Trust – who include businessman Bill Lewski, former federal health minister Michael Wooldridge and former Places Victoria boss Peter Clarke – did not breach the Corporations Act when they signed off on a controversial $33 million payment to Mr Lewski.

The Full Court found ASIC took too long to bring its case against the directors and as such a crucial meeting in July 2006 where the listing fee was granted by changing the constitution could not be considered.

The statute of limitations for breaches of the Corporations Act is six years.

“The failure of ASIC to commence proceedings before August 23, 2012 has been the primary cause for the complexities introduced into the proceeding, as no direct reliance could be placed upon the conduct that occurred on July 19, 2006 as establishing a contravention,” the Full Court found.

As a result, Justice John Middleton told a brief hearing in Melbourne on Thursday: “We are of the view the trial judge should not have concluded the directors breached the Corporations Act”.

The Australian Securities and Investments Commission is now facing a legal bill in the millions after the decision. The regulator is currently reviewing the decision that was handed down on Thursday morning.

Retirement village owner Prime Trust, once worth $560 million, collapsed in 2010 wiping out the savings of about 8000 investors.

The court matter rested on whether the directors of Prime Trust, who were also directors of the trust’s responsible entity Australian Property Custodian Holdings Ltd, had not acted in the best interests of investors when approving the deed to pay Mr Lewski a $33 million fee for listing the company he had founded ahead of its 2007 float on the Australian Securities Exchange.

Investors were left disappointed by the decision that overturned a 15-year ban for Mr Lewski and a $230,000 fine, four-year bans for fellow directors Kim Jaques and Mark Butler and a 27-month ban for Dr Wooldridge and a $20,000 fine for each. Mr Clarke was never banned but instead fined $20,000.

“We believe that the issues raised in the appeal judgment are complex and we are currently reviewing and considering the findings of the appeal judges,” Prime Trust Action Group member and Prime Trust investor Steve O’Reilly said.

It is unclear whether the directors will now sue the regulator for compensation over loss of income as Mr Lewski, Dr Wooldridge, Mr Jaques and Mr Butler have all been serving out their bans since the original banning orders were handed down in 2014.

Craig Shepard​ of KordaMentha, the liquidator for Prime Trust, said the ruling would not affect separate legal action brought by the liquidators to recoup $50 million for the listing fee.

“The outcome in favour of the former directors was significantly affected by the failure of ASIC to commence proceedings before August 23, 2012,” Mr Shepard said.

“The pending proceeding in the Supreme Court of Victoria is not affected by this limitation issue. There is direct reliance in the Supreme Court proceeding on the conduct of the former directors that occurred at the critical meeting on July 19, 2006,” Mr Shepard said.

In a statement released after the ruling, Dr Wooldridge said the demise of Prime Trust had taken a significant toll on many people including his family but particularly the unitholders who suffered loss.

“I am glad the decision by Mr Justice Murphy has been overturned; I always maintained his decision was unjust,” Dr Wooldridge said.

“This decision allows me to meaningfully rebuild,” Dr Wooldridge said.

A statement from Mr Lewski’s lawyers at SBA Law said: “Mr Lewski is very pleased with the result of the unanimous decision delivered today by the Full Court of the Federal Court of Australia.

“He is particularly relieved that the Court found that all of the Directors acted honestly – as it has always been their belief that they had acted in accordance with, and in reliance on, their legal and professional advices,” Mr Lewski’s lawyers said.

A spokesman for Mr Clarke said the former senior government official was always confident he had acted appropriately in his role as a director of Prime Trust. Mr Clarke, who had only just joined the board ahead of the vote to grant the payment to Mr Lewski, abstained from voting on the payment.

Through his spokesman, Mr Clarke said “today’s decision by the Full Court of the Federal Court to absolve him of all contraventions following a four-year court battle with ASIC was a relief but also expected”.

This story Administrator ready to work first appeared on Nanjing Night Net.

Possums at risk in South West region

Posted by admin on 20/06/2019
Posted in 南京夜网 

THE population of a subspecies of brushtail possumsin the South West willcontinue to decline due toclimate change and habitat loss,according to an Edith Cowan University Centre for Ecosystem Managementstudy.
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Endemic to the South West of Australia, the koomal possumhas undergone a significant reduction in distribution due to its vulnerability to habitat fragmentation, introduced predators and tree/shrub dieback.

The ECU research, which used species distribution models, radio tracking and trapping to collate data,foundareas heavily infested with dieback were not occupied by koomal possums and thatkoomal presence was linked to the extent of suitable vegetation available.

Lead researcher Dr Shaun Molloy saidthe main geographic areawhere the possums live wasshifting and contractingwith climate change, which was having a significant impact on the species.

“Koomal have pretty much disappeared from the Wheatbelt and most of the inland part of their range, largely because of clearing and introduced predators,” he said.

“They are still persisting well in much of the Jarrah forest and in coastal areas because there is still good tree canopy cover.”

However, Dr Molloy saidthis cover wasdeclining, and inthe next 10 years the possums wouldcontinue topersist but in fewer and fewer areas.

“Climate change combined with other factors such as inappropriate fire regime, land clearing, man-made obstacles to movement such as roads and suburbs, weeds, pathogens such as dieback and introduced predators such as foxes and feral cats,all combine to have a potentially devastating impact on our native plants and animals,” he said.

“We all have to understand what a real and serious threat climate change is and how it combines with other impacts to threaten our biodiversity.

“I believe that our greatest problem is that we, as a society do not take the time to learn about our unique and wonderful plants and animals.I am convinced that if we knew more about them we would learn to care enough to make room for them in our future.”

Dr Molloy said responsible pet ownership, establishing native plants andprotecting nativebushland were great ways to start helping the koomal and other animal populations survive.

The locations in which koomal possums are located are on the decline due to their vulnerability to habitat fragmentation, introduced predators and tree dieback.

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TAFE must ensure Sth Coast focus remains

Posted by admin on 20/06/2019
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TAFE is not leaving town, the government says.
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However, Wednesday’s announcement that the state’s 10 autonomousinstitutes would make way forone overarching entity, appears to indicate otherwise.

Opinions are divided on what the reformmeans, and whether it is good for education and good for regions such as our own.

NSW Skills Minister John Barilaro said the institutes –including the Illawarra institute,which has 13 campuses from Wollongong to Bega and west to Yass –would be folded into one streamlined, multi-campus operation.

It’s a “once-in-a-generation reform” of the sector, effective immediately.

The barriers which currently exist between the institutes will be dismantled, the minister said.

There will be less duplication, administration will be streamlined and “One TAFE” will be efficient and strong, he said.

But common sense says regional areas will feel the effects of yet another “streamlining”.

Any loss of regional autonomy must be questioned. Can the government guarantee TAFE’s accessibilityin the Illawarra will bemaintained?

Will more of our campuses fall by the wayside?

Thewounds inflicted by the closure of the Dapto TAFE campus are still raw for many.

Among those with concerns isShellharbour MP Anna Watson, whosays changes to our TAFE campuses will make it easier for the state government to hide falling student enrolments, reduced course offers, cuts to teaching positionsand downgraded campus services.

In short, it will mean the state government can slice up any regional campus just like it did to Dapto over the last six years, she said.

The Dapto TAFE campus closed its doors on January 22 and has been replaced by a Connected Learning Centre, a shopfront, in the suburb’s CBD.

Despite the changes announced on Wednesday, the state government is not offering a single new dollar in extra funding to Illawarra TAFE, Ms Watson said.

Fairfax Media asked TAFE Illawarra to break down what the announcement means for this region.It replied with a generic statement from TAFE NSW.

The organisation is “up for the challenge”to deliver a strong, modern and more competitive educational system.

Let’s hope it can deliver.

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New equipment at Blaxland

Posted by admin on 20/06/2019
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Ready to play: Ward 4 councillors, Blue Mountains mayor Mark Greenhill, Anton Von Schulenburg and Brendan Christie inspect the new play equipment at Blaxland Oval.Playtime is a lot more interesting at Blaxland Oval now the new play equipment has been installed by Blue Mountains City Council.
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The new playground equipment is a Moduplay design and includes custom-built scaling walls, a spider net, bannister slide and a nest seat swing.

The play area has a combination of soft fall mulch and rubber soft fall pads for underlay.

“It’s a pleasure to see local children enjoying the new and improved playground,” said Blue Mountains mayor Mark Greenhill.

“The new play equipment meets the community vision for the Blaxland Oval precinct which includes partial wheelchair access; reuse of the existing spinner and swings; and complements the retained equipment for younger children.”

The new play equipment waschosen to suit the demographic of the local community and to be age-appropriate for the range of ages of children using the park.

“The upgrade of Blaxland Oval play equipment is one of the many initiatives funded by the special rate variation that have been brought forward to improve services sooner rather than later to meet community needs,”said the mayor.

Blaxland Oval is one of a number of playgrounds across the city upgraded by council in the last year.

In recent months Blue Mountains council has conducted comprehensive research and community consultation on open space, play and recreation, to inform its approach to delivery of parks and recreation services in the future.

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Coal seam gas hits big screen in new movie

Posted by admin on 20/06/2019
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LOCAL STARS: Woody Naismith wants to reach out to local coal seam gas activist groups to appear in his film along with some of the nation’s biggest actors
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AN Aussie filmmaker has lined up some of the nation’s biggest actors to star in a movie exploring the complex issues a community faces when the coal seam gas industry comes to their town.

Woody Naismith wants those with a personal interest in the debate to contribute to his crowdfunding campaign to get the movie off the ground.

His movie,The Fox Hole, focuses on what happens when CSG company, Natural Gas Providers, establishes gas wells in a beautiful but fractured Australian country town, dividing residents and forcing them to chose been the economic benefits and the environmental impacts.

Sound familiar?

Naismith said he was inspired by a conversation he had with a friend in Narrabri.

“I called them up to talk about fracking, but they wouldn’t give me the time of day other than to say they were pro-coal seam gas,” he said.

“That really fed into the film and inspired me to replicate the real life situation. The film really plays on the idea of what’s more important – the economy or the environment?”

Naismith has signed up Gyton Grantley (HouseHusbands,Underbelly) and Rick Cosnett (The Flash,The Vampire Diaries) to star in the film, who all met at the Queensland University of Technology.

The movie is set in a “nowhere in particular, run of the mill” Australian town in NSW – a setting the region around Armidale and the New England could fill perfectly.

“I’d like to get up that way, particularly those beautiful, sun-drenched, browner parts of the area,” he said.

And it wouldn’t be a movie about coal seam gas without a community protest.

Naismith said he’d like to reach out to local activists groups to appear in the film.

“I thought what a great thing to have in the film, to get these people who are battling coal seam gas protesting on screen,” he said.

“I really want real Australia people represented in the film.”

Naismith is crowdfunding through the government-run website Australian Cultural Fund.

For more information, visitaustralianculturalfund.org419论坛/projects/the-fox-hole/.

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Focus on EP mental health

Posted by admin on 20/05/2019
Posted in 南京夜网 

COUNTRY and Outback Health has been selected as the preferred providertodeliverprimary mental health services on Eyre Peninsula.
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As part of Country SA Primary Health Network’s objective to improve access to primary mental health services for rural South Australians, five preferred providers have been selected to deliver general mental health services to communities across the country region.

Country and Outback Health was selected toprovideservices to a major part of regional South Australia including Eyre Peninsula and the Far West.

Country SA Primary Health Networkchief executive officerKim Hosking said the network was looking forward to working with thepreferred providers to deliver efficient and effective primary mental health services across regional South Australia.

The team at Country SA Primary Health Network has also been undertaking significant work to expand and develop services across specialist areas of mental health, including suicide prevention and alcohol and other drugs.

“We’ve been able to form strong partnerships across the region to ensure the co-design of these specialist services utilises the expertise of key organisations within the alcohol and other drugs sector, suicide prevention and Aboriginal and Torres Strait Islander specific services,” Mr Hosking said.

On Eyre Peninsula, Mr Hosking said the network would like to improve the level of services for youth and drug and alcohol support.

Country and Outback Health clinical programs managerOlivia Britcher, who is based in Port Lincoln, said the organisation was pleased to be identified as the Primary Health Network’spreferred provider.

She said Country and Outback Health wassupported with state and federal funding and offered comprehensive subsidised and private services catering for all age groups presenting with mild, moderate and in some cases severe mental health problems.

“Our services are delivered face-to-face and through video conferencing and telephone.

“Weare committed to helping communities attain mental health and wellbeing, providinghigh quality mental health services to country South Australians.

“We delivered over 26,000 occasions of service to those in need throughout the last 12 months.”

Ms Britcher said the organisation offered services across a large part of the state includingPort Lincoln, Streaky Bay, Wudinna, Ceduna, Kimba, Cleve, Whyalla, Port Augusta, Port Pirie, Roxby Downs, Coober Pedy, Jamestown, Clare, Balaklava, Kadina, Maitland, Yorketown, Ardrossan and Nuriootpa.

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Aquaculture a boon for the region

Posted by admin on 20/05/2019
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A NEW business is set to be a boon for the district.
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With the need for Murray Cod growing, aquaculture companyTimpetra hasannounced it has signed binding term sheets to acquireRiverina-based businesses, Riverina Aquaculture, Silverwater Native Fish and Bidgee FreshPty Ltd.

The purpose of the acquisition isfor the breeding, growing and supply of premium Murray Cod to wholesalers,restaurants and export markets.

MIA businessmen Mathew Ryan and Roger Commins will become directors and majorshareholders ofthe company.

Their drive and innovative ideas will becombined with the skills andexperience of Ian Charles from Silverwater.

Timpetra chairman Ross Anderson said their knowledge would be key factors in the growth of theindustry.

“The quality of the fish has already beenappreciated by many locals and top-endrestaurants have been clamoring for the product,” Mr Andersonsaid.

By using a land-based aquaculture model the companywill also have an environmental focus.

“Effectively the same irrigation water is used twice –once through the fishponds –then thenutrient-enriched water is used to irrigate crops or pastures on the farms,” Mr Anderson said.

“Cropping andgrazing can be integrated with fish farming as part of the company’s operations.”

As part of the new venture, ASX-listed Timpetra will undertake capital raising of up to $10million to fund acquisitions and expand existing operations to meet excess product demand.

“This has all the main ingredients of a great business and I believe it is the beginning of amajor new industry in the Riverina area,” Mr Anderson said.

“There is almost no direct competition in eitherfarmed or wild caught cod and barriers to entry are high.”

Due to its appearance and premium quality flesh and taste, Murray Cod is earning areputation as one of the best tasting freshwater fish in the world.

Theaverage price paid for live Murray Cod isabout$20per kilogram at the farmgate.

Information sessions for interested investors and contract growers will be heldin August.

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Gap is opening in GDFA

Posted by admin on 20/05/2019
Posted in 南京夜网 

Yoogali SC aren’t settling for second best as the race for first place heats up in the Griffith District Football Association first grade competition.
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YSC’s opposition –Leeton United –are in quite a different predicament.

Leeton are just five points ahead of Griffith City as the two sides duke it out for the last spot in the finals.

“We want to get battle hardened and ready for the big games that are no doubt in store,” YSC captain-coach Luke Santolin said.

“We’re going to place a lot of emphasis on our structure and committing on those one percenters.”

Santolin said the minor premiership was a priority for the team.

“We see it as important and a real achievement to get it,” he said.

“We’re not going out there to drop any points.”

Leeton’s up and down season continued last week when they defeated Yoogali FC 8-1.

Leeton assistant coach Joe Trifogli said one player in particular had stepped up for the side in recent weeks.

“Mick Doolin (first gradecoach) has moved Danyon Arnold in the last few weeks and that really paid off on Sunday with him scoring a hat-trick,” Trifogli said.

“It was such a great team effort.

“We knew it was coming, especially with the week before where we had so many missed opportunities.”

Leeton will be bolstered by some fresh legs as its under 18s side isn’t scheduled to play on Sunday.

“That means we will have fresh reserves to call on,” Trifogli said.

“Our bench has been pretty depleted in the last few weeks.

“So having them there will be a bit of a boost for us.”

Santolin said they would wait until the last moment to decided on Sunday’s squad.

“There’s a few niggles around,” he said.

“We believe any team we put on the pitch can get us the win.

“It’s all about who comes down to training, who’s putting in and applying themselves.

“No one player is more important than the rest of the team.

“We want to put together a strong showing in front of our home crowd this week.”

The match is scheduled to kick off at 3pm at E W Moore Oval on Sunday.

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Harriet Wran before her arrest. Harriet Wran arrives at the NSW Supreme Court for her sentencing hearing. Photo: Michele Mossop
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Daniel McNulty was murdered in his Redfern unit in August 2014. Photo: Supplied

Jill Hickson Wran arrives at the NSW Supreme Court for the sentencing hearing of her daughter Harriet Wran. Photo: Michele Mossop

Harriet Wran said she regrets every step she took the night she was involved in the murder of Sydney man Daniel McNulty.

The daughter of former premier Neville Wran became teary as she told the NSW Supreme Court about her battle with anorexia, bulimia and the ice addiction that led to her involvement in the murder.

“I feel terrible. I’m ashamed to have been involved in anything like that. I can’t believe someone died. I can’t believe someone was so badly hurt,” Wran told her sentencing hearing on Thursday.

“I regret every step I took that night,” she said.

Under cross-examination from Crown prosecutor Peter McGrath, SC, Wran said she felt jail had saved her life.

“I think I would have killed myself [with drugs],” she said.

Mr McNulty was murdered by Wran’s boyfriend of two weeks Michael Lee and another man Lloyd Haines during a botched ice deal at a public housing unit in Redfern on August 10, 2014.

Last Wednesday, Wran pleaded guilty to a charge of harbouring, maintaining or assisting Lee, knowing that he had murdered Mr McNulty.

In the days leading up to the murder, Wran said she had left a rehab clinic and gone on an ice binge.

“This time I had failed everyone, I had failed myself, I had failed my mum.

“I just wanted to hurt myself, I just wanted to use so much so I couldn’t remember who I really was.”

Wran told the court she first tried ice after meeting a group of users at a rehabilitation clinic she went to for depression.

“[Ice] gave me a completely different feeling and suddenly all my insecurities were gone,” she said.

“I felt so confident, there was just a chemical high I never knew existed … I knew straight away that my brain wasn’t going to forget about that.”

Wran’s mother Jill Hickson Wran looked away as her daughter spoke about her eating disorders.

“It’s [bulimia’s] the worst thing in the world, it’s the hardest thing to deal with, it’s the most shameful thing to deal with, it’s so embarrassing, it’s so disgusting yet it’s an impulsive thing I can’t stop doing.”

Wran told the court she had not realised that someone had died until the next day.

When she did find out, she continued to use ice and did not contact police.

“The addiction drove me to be silent about what happened because I just wanted to get this ice.”

Wran has vowed never to touch drugs again.

“It won’t happen – because somebody died and I was involved in something that led to that and I know that I won’t pick up drugs again,” she said.

“I never thought in a million years I’d end up in jail, let alone for murder. I’ve never intended for anyone to get hurt in my life; it was almost not real to begin with.

“Once I realised it was real, it was too much at times.”

Wran bared all, speaking openly about the loss of her father.

At times Ms Hickson Wran closed her eyes and put her hands over her face.

“I was glad that I was there when he passed but it was so painful for him, he was in so much pain,” she said.

“I’ve never seen anything like that before. It was so strange that his journey had finally ended.”

Armed with knives and a hammer

The court heard previously that Wran went to the high-rise block on Walker Street with Lee and Haines, whom she had just met, to score ice from the victim.

But after she knocked on the door, Haines and Lee entered the unit armed with knives and a hammer and demanded: “Where is it?”

During a fight that broke out, Mr McNulty was fatally stabbed.

Wran, Lee and Haines then ran from the apartment.

Investigating police were able to identify the trio by viewing the security footage from the housing estate.

Haines was arrested when he attended Parramatta police station on the Tuesday after the attack.

Wran and Lee were later found by police at Liverpool train station on the Wednesday, still dressed in the clothes the CCTV footage showed them wearing on the night of the attack.

Shortly before their joint murder trial was due to begin last month, Lee and Haines pleaded guilty to all charges against them – including murder.

Lee pleaded guilty on June 16 while Haines pleaded guilty on June 21.

This story Administrator ready to work first appeared on Nanjing Night Net.

Incoming: Greg O’Rourke. Photo: A-League南京夜网419论坛Expansion of the A-League is now firmly the goal for Football Federation Australia after appointing a new head of the A-League entrusted to set the foundations for a bigger competition.
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Former Football NSW chairman Greg O’Rourke was unveiled on Thursday morning by the FFA as the new A-League chief, whose number one job requirement is improving the financial security of all 10 existing clubs.

A former director of PepsiCo Australia and New Zealand – where he was part of their executive leadership group – O’Rourke’s appointment was made to set the financial platform for the A-League to expand to at minimum a 12-team competition in the near future.

“I think an expansion of the number of teams is inevitable and I also think the expansion of the number of teams is the right thing to do. But that’s the second step. The first step is to actually make sure that the 10 teams that we currently have inside the A-League are sustainable and can stand on their own feet. There’s no use in my opinion bringing new teams into a competition where existing teams are still shaky,” O’Rourke said.

The FFA has moved away from a commissioner-role attached to the position in this appointment to one that is hoped to finally create stability for owners who continue to lose significant sums of money each season.

“The focus of this job is to drive the commercial performance of the A-League and the 10 A-League clubs,” FFA chief executive David Gallop said. “The operations of the various leagues require a lot of attention but we are looking for a sharper focus on the commercial performance of the A-League and the clubs. Our club owners invested heavily in the decade of the A-League, we’re looking to reward that investment from our owners and create value in our licences.”

Through his background in the corporate and manufacturing world, O’Rourke is confident of assisting the clubs improve their revenue streams, attract more fans and members to games with the goal to expand the competition.

“It’s about going and building those relationships. Most people just want to be heard, most people just want to be respected. Most people want you to ally to their brand,” O’Rourke said. “I feel that my role is actually to work with the clubs to align the strategy between the FFA and them.”

O’Rourke spent more than four years as a director of Football NSW, including three-and-a-half years as chairman before electing not re-stand for the position earlier this year. He remains the president of his local football club, Bardon Ridge.

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