Updating the Oct. 3 item from Australia: “Law firm Slater & Gordon was within its rights to pay a senior partner $1 million from the profits of a breast implant class action without informing clients, according to the Law Institute of Victoria. The bonus, which came to light this week, means senior partner Peter Gordon received at least eight times more from the class action than any one of the firm’s 3100 clients. Their payouts ranged from a few hundred dollars up to $120,000. However, law institute head Michael Brett Young said yesterday there had been no need to inform the women about the payment to Mr Gordon because the settlement in the action had been authorised by a judge.” (Chris Merritt and Tracy Ong, “Law firm ‘in rights’ on payout”, The Australian, Sept. 16). For allegations that the $1 million was improperly paid to Mr. Slater although earmarked as “post-settlement expenses”, see the Oct. 3 post.
Posts Tagged ‘Australia’
Australia: Ed dept. lawyer to teachers – don’t criticize students
Teachers are being warned to watch what they write and say about students because of the risk of being sued for defamation. …
The advice comes as anger has exploded in schools over new student reports which grade students on a scale of A to E for academic performance. …
Teachers’ Federation vice-president Angelo Gavrielatos said threats to sue meant Australia was “importing the worst of American culture”.
“It reflects, regrettably, that we do live in an increasingly litigious society and that is sad,” he said.
“All too often we hear threats of litigation . . . and what we are seeing imported into Australia and into our schools is that litigious environment or mindset that is so prevalent in the United States.”
(Bruce McDougall, “Teachers warned off criticism”, News.com.au, Nov. 6 (via Jacobs via Tongue Tied)).
Vegemite ban may be urban legend
News.com.au is starting to backtrack from its original claim, noting that the foodstuff is still sold in American stores. Moreover, the US Embassy tells an Overlawyered commenter there is no ban. Here’s our contribution to the discussion: the FDA regulation on folate, which at no point limits the addition of folate to breads and grains. We vote: “urban legend” leading from overenthusiastic border official, though the story is so widespread now, it may always stay an urban legend until Snopes gets around to refuting it.
Latest Nanny State ban: Vegemite
Australians are particularly unhappy. (Kelvin Healey, “US bans Vegemite”, The Courier Mail, Oct. 22; News.com.au, Oct. 21; Tim Blair via Dylan). If you’re an American fan, act fast before Ebay shuts down the auction.
Update: The Australian press and bloggers appear to have fallen for a new urban legend.
When schools fall short
Australia: “A settlement between a leading Melbourne private school and a parent who said her child had not been taught to read properly could result in increased litigation between parents and schools, a principals group has warned.” Yvonne Meyer faulted Brighton Grammar School for not placing enough emphasis on phonics-based instruction for her child. (David Rood and Chee Chee Leung, “Litigation warning as private school settles complaint over child’s literacy”, Melbourne Age, Aug. 16; Ewin Hannan and Justine Ferrari, “Private schools to curtail promises”, The Australian, Aug. 16). And in France: “A French schoolboy [Jérome Charasse] has successfully sued the government after blaming his failure in a philosophy exam on his teacher’s frequent absences during strikes. Parents’ groups and teaching unions believe the decision by a court in Clermont-Ferrand will lead to many similar cases.” (Colin Randall, ” Boy wins court case over striking teacher”, Daily Telegraph, Jun. 22)(h/t D.N.).
Oz: Government will appeal aboriginal land win
Following up on our Sept. 22 post: Australia’s Attorney General Philip Ruddock says his office will appeal against a judge’s award of extensive public land holdings in and around the city of Perth to aboriginal tribes. (Amanda Banks and Rhianna King, “Ruddock confirms native title appeal as State payout tipped”, The West Australian, Oct. 6; Stephanie Peatling, “Ruddock to challenge native title ruling over Perth”, Sydney Morning Herald, Oct. 6; Ben Martin and Amanda Banks, “Hills parks open to native title: judge”, Oct. 4).
Oz: “Law firm’s brawl over $1m bonus”
Australia: “Leading plaintiff lawyer Peter Gordon from the firm Slater & Gordon was paid a $1 million bonus he was not entitled to from the profits of a massive class action over faulty breast implants. A disgruntled former partner has alleged the $1 million bonus was paid directly to Mr Gordon despite having been earmarked by the firm as ‘post-settlement expenses’.” The allegations filed in court by the former partner, Paul Mulvany, offer “a rare insight into the inner workings of Australia’s best known no-win, no-fee law firm”. However, the insight-window appears to have snapped shut with great rapidity: “one day after Slater & Gordon was informed The Australian had obtained the court documents, the matter was settled with neither side commenting on the sudden resolution of their dispute.” (Katherine Towers and Dan Box, The Australian, Sept. 15). P.S. Not all will agree with the opinion of the contestants in the brawl that the silicone implants at issue were “faulty”.
“Aborigines given ownership of Perth by judge”
In Australia, at least, it seems this whole land claims and reparations business is getting rather serious. “The judgment will not affect homes or businesses, as the Australian courts have ruled that native title does not apply to land owned on a freehold or long-lease basis.” However, if the judgment is upheld against an expected appeal by the state of Western Australia, descendents of natives may win the right to convert public lands in the city (such as urban parks) into permanent encampments, and boaters worry that control over the right to use waterways may also be affected. (Kathy Marks, The Independent (U.K.), Sept. 21; “Native title could lock up parks: Ruddock”, AAP/The Australian, Sept. 22; Chris Merritt and Patricia Karvelas, “Title win boosts capital city claims”, The Australian, Sept. 21). Perth is a city of 1.5 million. A native claim over land in Melbourne and its environs is expected next. (Ben Packham, “Native title claim looms”, Herald-Sun, Sept. 21).
Oz: “Opera fan’s gift bitten by legal bills”
One of the more notorious lawsuits in modern Australian history finally reaches a conclusion as rival opera troupes agree to split the bequest of the late Melva Thompson, who died four years ago at 95. Of her A$2 million benefaction, more than $800,000 has been eaten up on legal fees. (Corrie Perkin, The Australian, Sept. 6).
Oz: logic of “religious vilification” laws
An Australian QC has appeared in court to argue that vilifying a religion should be considered per se unlawful under the state of Victoria’s paradoxically named Racial and Religious Tolerance Act. “[Brind] Woinarski was appearing for the Islamic Council of Victoria in the appeal by Christian group Catch the Fire Ministries and pastors Danny Nalliah and Daniel Scot against a finding under Victoria’s religious hatred law that they vilified Muslims in 2002. The Racial and Religious Tolerance Act defines vilification as inciting hatred, serious contempt, revulsion or severe ridicule against a person or class of persons.” (Barney Zwartz, “Religion in the dock in Muslim vilification appeal”, Melbourne Age, Aug. 22; “Questions over ruling on Muslims”, Aug. 23). See Dec. 19 and Dec. 3, 2004, etc.