Tag Archives: Legal

Victorian ALP fails in legal bid to silence disisident member

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 selection in the Victorian Supreme Court on Friday afternoon meant veteran transparency activist Eric Dearricott would retain access to celebration membership records, which he stated proved the widespread use of pre-paid present 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.

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

Justice Hargrave ordered that Mr Dearricott turn more than any electronic copies of the records to the party, but that he must be allowed continued to access to the electronic records at celebration 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 offers the E-Way electronic payments system employed 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 situation of delivering the method.

The party pointed to media reports that apparently drew on the confidential records as proof that they were becoming inappropriately employed by somebody on the membership administration committee.

Nevertheless, Justice Hargrave expressed aggravation that the party had resorted to “urgent” legal action, saying that it was an situation that must arguably have been resolved by discussion amongst Mr Dearricott and the party hierarchy.

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

Members of the committee were granted access to the very-sensitive membership records in current months right after signing an undertaking not to divulge credit card specifics inside.

Allegations of misuse of gift cards

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

Media reports have alleged widespread use of the pre-paid present cards, which can be bought and employed with out the purchaser providing any identification, to sign up ALP members with no their understanding, or to spend for large numbers of memberships to cement handle of branches in many Victorian electorates.

Nevertheless, in leaks to other media outlets, opposing sources apparently aligned to the celebration hierarchy have denied that the rorting is widespread or systemic, and stated the party is functioning to stamp the practice out.

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

However, critics have questioned no matter whether the investigation uncovered the full extent of the problem.

Transparency campaigners have stated the investigation focused only on the use of credit cards to obtain 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 celebration ready for a potentially bruising pre-selection ballot in the formerly rock-strong Labor-held electorate of Wills.

The pre-choice, triggered by the impending retirement of MP Kelvin Thomson, is shaping up as a battle amongst 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 assistance.

Federal Labor leader Bill Shorten is believed to be taking into consideration backing a female candidate against Mr Tillem, due to Labor’s stated purpose of ladies 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, other folks have said it is widespread and can’t aid but influence the outcome of the pre-choice ballot.

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

Agen Sabung Ayam

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

Posted December 10, 2015 22:18:35

Connected Story: Labor members to have cards torn up over membership irregularities
Connected Story: Shorten favours female candidate to replace retiring Victorian MP

The conflict more than branch stacking in the Victorian division of the Labor Celebration has intensified, with the party taking legal action to force a dissident member to destroy records he says prove widespread stacking is occurring.

The ABC has been told the celebration will seek in an injunction in the Supreme Court on Friday to force Eric Dearricott, a rebel member of its administrative committee, to destroy the records, which he says are evidence of the widespread use of pre-paid present cards to stack Victorian branches.

Mr Dearricott has long agitated against what he claims is the manipulation of celebration membership to advantage Labor powerbrokers, particularly in the party heartland of the western and northern suburbs of Melbourne.

Celebration officials have claimed Mr Dearricott improperly accessed membership records, such as names, addresses, payment particulars and internet protocol addresses, and last month lawyers for the celebration demanded Mr Dearricott destroy the records.

Mr Dearricott claims he was entitled to access the information, and was truly asked by the celebration to study the records to determine regardless of whether rorting was occurring.

Media reports have alleged widespread use of the pre-paid gift cards — which can be bought and utilised without the purchaser providing any identification — to sign up ALP members with out their information, or to spend for huge numbers of memberships to cement manage of branches in several Victorian electorates.

Nevertheless, in leaks to other media outlets, opposing sources apparently aligned to the party hierarchy have denied that the rorting is widespread or systemic, and mentioned the party was operating to stamp out the practice.

A recent investigation at the behest of the administrative committee, carried out by the right’s Garth Head and the left’s Liz Beattie, determined that widespread membership rorting making use of pre-paid cards was not occurring.

Nevertheless, critics have suggested Mr Head and Ms Beattie’s report did not expose the accurate extent of the difficulty.

Legal action comes as celebration prepares for Wills pre-selection

The ABC revealed earlier this year that a former staffer to party heavyweight Senator Stephen Conroy, Haykel Handal, had been kicked out of the party for utilizing the pre-paid cards to sign up numerous members.

The ABC also revealed that a Moreland City councillor linked to alleged Italian organised crime figures, Michael Teti, utilized the office of former federal Labor Senator and acolyte of Senator Conroy, Mehmet Tillem, to improperly sign up folks to the Labor Party with no their understanding.

The ABC does not recommend Mr Tillem knew of Mr Teti’s links to the alleged crime figures or the alleged branch stacking.

The legal action against Mr Dearricott also comes as the celebration prepares 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 Mr Tillem, reviled by some in the celebration as an archetypal Labor factional operator, and whoever emerges as the candidate of the anti-Tillem forces, who are agitating for a neighborhood, female candidate who will hold off the encroaching tide of Greens help.

Federal Labor leader Bill Shorten is generally described as an ally of Senator Conroy’s but is believed to be contemplating backing a female candidate against Mr Tillem, due to Labor’s stated goal of ladies filling 50 per cent of all celebration positions by 2025.

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

Topics: alp, political-parties, state-parliament, courts-and-trials, vic

Agen Sabung Ayam

500 Club exploiting legal loophole: Labor

Posted November 26, 2015 09:35:50

The Western Australian Opposition has accused the Liberal party of taking benefit of a “loophole” in political donation laws to channel funds to the celebration.

Labor frontbencher Michelle Roberts produced the accusations in State Parliament final evening and pointed to the 500 Club as proof of weakness in WA’s political donation laws.

The 500 Club is a member-primarily based organisation established in the 1980s to raise funds for the Liberal Party and is backed heavily by prominent company figures, with the group donating nearly $ 400,000 to the WA branch in 2013-14 alone.

Even so, WA Premier Colin Barnett angrily rejected the accusations, saying they have been “totally false”.

In the course of a debate on the Government’s proposed lobbyist legislation, Ms Roberts argued the state also required to strengthen laws surrounding donations to close “loopholes” that were being taken benefit of.

Ms Roberts stated the 500 Club was enabling men and women to make donations to a political celebration, with out the accountability or transparency of political donation laws.

These laws, surrounding donations direct to political parties, require the identity of men and women or organisations who give far more than $ 12,400 to a party to be revealed.

‘Backdoor’ technique of donation: Michelle Roberts

“It is a loophole when it comes to the donation laws in this state … there is a backdoor way of donating, if you want to give money to the Liberal Celebration,” Ms Roberts told Parliament.

“If the Premier desires to claim he is offering for openness, accountability and transparency, we won’t have that in this state until we have appropriate electoral disclosure laws.”

But Mr Barnett labelled the remarks “completely false” and said the 500 Club did not accept donations, only raising money via membership costs or fundraisers.

“The Australian Electoral Commission audits the 500 Club every single year and there is no occurrence, no evidence of what the Member for Midland is accusing them of,” Mr Barnett told Parliament.

“I think the members of the 500 Club will be rightly offended by the method the Labor Party had and I challenge the Member to provide a single instance of that and encourage her if she can offer 1 instance to take it to the CCC.

“In no way in my profession in politics have I been influenced by a donation and yet members opposite implied it was routine.

“It is not and does not take place beneath this Government.”

The most recent annual returns published by the Australian Electoral Commission, for the 2013-14 economic year, show the Liberals raised by far the most income of any party in WA, with declared receipts of practically $ ten million.

Both Labor and the Greens declared receipts worth over $ three million.

Subjects: political-parties, state-parliament, perth-6000

Agen Sabung Ayam

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

Agen Sabung Ayam

What are copyright owners angry about lately? Apparently, unfavorable evaluations of third-price video games. (credit: Jim Sterling)

Four video creators will come under YouTube’s legal protection now, below a system unveiled today in a organization weblog post.

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

The business can’t offer legal protection even to every video with a robust fair use defense, but Von Lohmann writes that “even the small number of videos we are able to safeguard will make a good impact on the whole YouTube ecosystem, guaranteeing YouTube remains a place exactly where creativity and expression can be rewarded.”

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Interstate Swatting Hoax Act introduced in Congress to close legal loopholes

Agen Sabung Ayam

Enlarge / Property of Representatives member Katherine Clark (D-Mass.)

The practice of swatting—meaning, reporting fake threats at an individual else’s location with the hopes of inciting a major response like a SWAT team visit—has expanded in recent years thanks to elements such as the rise of phone-masking services and Internet communities egging the act on. But the federal government’s lack of particular anti-swatting rules hasn’t helped, which is why Representative Katherine Clark (D-MA) proposed the Interstate Swatting Hoax Act on Wednesday.

“Whilst federal law prohibits employing the telecommunications system to falsely report a bomb threat hoax or a terrorist attack, falsely reporting other emergency conditions is not currently prohibited,” Clark wrote in her announcement of the bill. As such, her bill utilizes broad-yet-particular language to punish any individual who “makes use of a telecommunications method, the mails, or any other facility of interstate or foreign commerce to knowingly transmit false or misleading info indicating that conduct has taken, is taking, or will take location that may reasonably be believed to constitute a violation of any State or Federal criminal law, or endanger public wellness or safety.”

According to this bill, the quantity of federal jail time for an offense varies primarily based on no matter whether a government agency is mobilized due to the false report, and whether someone is injured or killed as a outcome. Offenders will also be forced to “reimburse any celebration for expenses for an emergency response.”

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Legal regulators move in on Prenda’s Paul Hansmeier, who may get disbarred

Agen Sabung Ayam

Two-and-a-half years soon after Prenda Law’s “porno-trolling collective” began to fall apart in a Los Angeles courtroom, one particular of the two principals, Paul Hansmeier, may shed his law license.

Minnesota’s Workplace of Lawyers Expert Responsibility has requested that Hansmeier be disbarred or suspended. The petition (PDF) is dated October 28 but was released to the press yesterday, and it describes Hansmeier’s alleged misbehavior in 4 separate legal situations.

Hansmeier and his colleague John Steele are believed to be the masterminds behind Prenda Law, the name beneath which they acquired porn copyrights and then sued thousands for downloading them. They are believed to have made numerous million dollars until the project fell apart in 2013 beneath a barrage of sanctions. Hansmeier’s response to this new document is due later this month.

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