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Jury sides with Love in trial over tweet

Written By Unknown on Sabtu, 25 Januari 2014 | 13.39

A US jury has rejected a defamation case against Courtney Love over a Twitter post that suggested one of her lawyers had been "bought off" for not pursuing a lawsuit over her late husband's estate.

The verdict came after roughly three hours of deliberation in a case that spanned eight days and focused on the Hole frontwoman's postings on the social networking site.

The case centred on one 2010 post that suggested that San Diego lawyer Rhonda Holmes had been "bought off" and that was why she wasn't representing the singer anymore.

Love had hired Holmes to file a fraud case against the estate of her late husband, Nirvana frontman Kurt Cobain. The lawyer contended during the trial that she was fired by Love and that the tweet and other statements the singer made against her have caused her substantial damage.

Love's tweet stated, "I was (expletive) devastated when Rhonda J Holmes Esq of san diego was bought off" in response to a question from user of the popular social media site.

The message was never meant to be public, Love told jurors. She said she meant for it to be sent as a direct message, which only the recipient would see, but it instead went public and was quickly deleted.

The swift verdict wasn't witnessed by Love, who had left court after closing arguments ended on Friday morning. She arrived just as the courthouse was closing down and met her lawyers, John Lawrence and Matthew Bures, in the hallway where she hugged them both.

Love praised her lawyers and the jury after the verdict. Asked about her social media presence, Love said she refrained from posting on Twitter during the trial. "I didn't tweet out of respect for the case," she said.

While the case was billed as the first "Twibel" trial in which Twitter and libel law intersected, Lawrence said it was tried by the same rules as traditional defamation cases.

Jurors determined that Love's tweet included false information, but the musician didn't know it wasn't true.

Holmes lawyer Mitchell Langberg said the jury's verdict meant the panel determined Love's statement was defamatory, but the singer couldn't be held liable for it. Holmes' side asked the panel to award $8 million in damages and send a message that false statements online had consequences.

Langberg said that while his client was disappointed with the verdict, her reputation was upheld and the world now knows that Love's statements were false.

"At the end of the day, her biggest asset in life is her reputation," Langberg said. "That she got back today."

Love's social media postings have gotten her into trouble several times.

In 2011, she agreed to pay $US430,000 to fashion designer Dawn Simorangkir over statements she posted on Twitter and Myspace.

Simorangkir sued Love again last year, alleging the musician libelled her when Love accused Simorangkir of theft on the Howard Stern's radio show and taunted her on the social media site Pinterest.

The case is pending, but Love said she's trying to be more careful about her online musings than she was when she tweeted about Holmes.

"I don't tweet like I did back then," Love said on Friday.


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Govt 'creating' welfare crisis: Labor

LABOR has accused the Abbott government of "manufacturing" a welfare crisis ahead of a planned crack down on young people claiming the disability pension.

Under federal government plans to overhaul the welfare system, young people who are deemed partially fit to work will no longer be able to claim disability welfare payments, News Corp Australia reports.

Social Services Minister Kevin Andrews said under the previous Labor government, young Australians were able to claim the disability pension despite their condition being minor.

Labor MP Matt Thistlethwaite rejected the claim, saying the number of people on the disability pension actually decreased between 2012 and 2013.

He said there was no need for a planned overhaul of the welfare system because Australia didn't have a welfare problem.

"They are creating and manufacturing a crisis to ensure they look like they are a government that is doing something," he told Sky News on Saturday.

The federal government is facing criticism for excluding aged pensioners, who make up the majority of the welfare expenditure, in its welfare payments review as it grapples with a budget deficit.

Finance Minister Mathias Corman said increasing workforce participation among younger people claiming the disability allowance was part of the government's agenda to reduce the budget bottom line.

"We don't think that people with temporary health conditions should be put onto the Disability Support Pension for the remainder of their working lives," he told Sky News.

"We want to help people who are able to work back into the workforce. We think that is good for them and it's obviously good for the country."


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Hockey bracing for volatile times ahead

Written By Unknown on Jumat, 24 Januari 2014 | 13.39

Federal Treasurer Joe Hockey as warned Australia may face volatile economic times. Source: AAP

FEDERAL Treasurer Joe Hockey has warned of volatile economic times ahead, but says the trend is favouring a stronger global economy.

The International Monetary Fund upgraded its world growth forecast this week, but warned of continued fragilities in some economies and that downside risks remain.

"We need to make sure that we in Australia prepare for the volatility," Mr Hockey told ABC radio on Friday.

This was one of the reasons why the government granted the Reserve Bank of Australia (RBA) $8.8 billion to help top up its reserve fund, he said.

However, the trend is favouring a stronger world economy, in particular in the US, but also in China.

"China will continue to grow, they will still want our resources, but we can no longer rely on them as the sole champion for Australian growth," he said.

As such, he insists Australia must live within its means and stop wasting taxpayers' money.

This week he granted his Commission of Audit into government spending a further two weeks to deliver a "comprehensive" interim report beyond the original target of January 31.

He won't be acting on its recommendations until the May budget.

However, public servant job cuts were continuing in the interim.

A 100-year-old government agency is being scrapped and its 200 staff offered redundancy.

Parliamentary Secretary to the Treasurer Steven Ciobo said on Friday that the Australian Valuation Office will cease to provide services from June 30.

"A compelling case for the commonwealth providing its own valuation services no longer exists, particularly given there is a highly competitive market of private sector providers," Mr Ciobo said in a statement.

Shadow assistant treasurer Andrew Leigh said if there was a compelling case, the government had yet to make it.

"Scrapping a century-old institution deserves a proper report, not just a short press release from the parliamentary secretary," Dr Leigh said.

The office has been delivering valuation services exclusively for the government since 1910.

Mr Ciobo said the office had become unsustainable, with expected losses of up to $4 million this financial year, and a further $1 million needed to bring its IT equipment up to date.

While the public sector remains under a cloud as the government tightens the purse strings, new Department of Employment data released on Friday shows it secured modest wages growth under enterprise bargaining agreements during the September quarter.

Public sector agreements rose to an average annualised rate of 3.5 per cent from 3.2 per cent in the previous three months. Private sector wage growth was flat in the quarter, but also running at 3.5 per cent annually.


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Hot summer dents Nufarm earnings

HOT, dry weather during December and January in key growing areas has resulted in lower sales and depressed margins for agricultural chemicals and seeds supplier Nufarm.

Nufarm on Friday said it expects to meet its first half guidance for earnings before interest and tax of $50 million to $60 million, but towards the lower end of the range.

"Unfavourable seasonal conditions persisted in Australia during December and January with hot and dry weather in key growing regions," Nufarm said in a statement.

"This has resulted in unusually low sales activity and depressed margins."

The performance of the Australian operations were broadly expected to be in line with the first half of the previous fiscal year.

Businesses in Europe, North America and Asia were performing in line with expectations.

In the seeds business, dry summer conditions in Australia had resulted in lower sales of sorghum and sunflower products.

Nufarm said that despite the challenging conditions in Australia, it was confident of generating earnings growth over the full year.

Nufarm expects to report its results for the six months to January 31 on March 26.

Shares in Nufarm dropped eight cents to $4.09.


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Whitehaven shares down on price prediction

Written By Unknown on Kamis, 23 Januari 2014 | 13.39

Whitehaven Coal has lifted production and sales during the December quarter. Source: AAP

SHARES in Whitehaven Coal have dropped by almost two per cent after the company said it expects metallurgical coal prices to fall in the first quarter of 2014.

The NSW miner expects the price of coal used in steel making to fall to around $101 a tonne in the March quarter, due to reduced demand from Asian steelmakers.

But the market for thermal coal, used in power generation, remains relatively well supplied, with pricing to be guided by negotiations set to begin in February and March, the company said.

"Recent metallurgical coal price settlements by the large coal miners saw a reduction in the price for all metallurgical coal types for the first quarter of 2014," Whitehaven said in a statement.

Prices are then expected to remain flat before increasing in 2015.

The company achieved a significant lift in sales and production in the three months to December 31.

Whitehaven sold 3.16 million tonnes of coal in the period, up 52 per cent on the same quarter in 2012.

Sales were boosted by a 44 per cent rise in production to 2.86 million tonnes, mostly from its Narrabri Mine, where production soared 81 per cent.

The company achieved an average price of $103 a tonne for its metallurgical coal and $82 a tonne for thermal coal during the quarter.

Whitehaven said the introduction of a flat tax on all coal imports into South Korea should favour its higher quality coal imports against lower quality rivals.

Meanwhile, work on the company's Werris Creek mine expansion was completed in December, while construction work had begun on the construction of rail facilities to its Maules Creek project.

Whitehaven shares fell 3.5 cents, or 1.9 per cent, to $1.845.


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Jobs go as CCA shifts juice operations

Coca Cola Amatil says it will halt bottling and packaging operations at a South Australian facility. Source: AAP

COCA-COLA Amatil (CCA) will cut 28 jobs as it shifts part of its juice production from regional South Australia to Adelaide.

The beverage giant has announced it will halt bottling and packaging operations relating to its Crusta and Goulburn Valley drinks at its facility at Ramco, northeast of Adelaide.

Juice extraction and blending work will continue at the Ramco plant, while the bottling and packaging operations will be shifted to CCA's beverage facility in Adelaide.

CCA on Thursday said 28 employees will be made redundant as part of the move.

But, the company said, the employees would be offered jobs at other CCA facilities around the country.

CCA supply chain director Bruce Herbert said the move was necessary to keep costs under control.

"Ensuring cost effective operations are crucial to CCA's future ability to continue to sustain its juice business," he said.

"Without these changes, juice production for CCA would be uncompetitive."


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BHP flags higher returns for shareholders

Written By Unknown on Rabu, 22 Januari 2014 | 13.39

BHP Billiton head Andrew Mackenzie has flagged higher dividends and a sharp boost to production despite falls in the company's key iron ore and petroleum divisions in the last quarter.

Shares in the global resources giant fell by almost two per cent on Wednesday morning after it said total petroleum production fell to 57.7 million barrels of oil or equivalent (mmboe) in the second quarter of the 2013/14 financial year, down from 62.7 mmboe in the first quarter.

Over the first half of the financial year, petroleum production fell one per cent, but full year guidance remains unchanged at 250 million barrels.

The company's Pilbara iron ore production of 53.64 million tonnes in the December quarter was down slightly from 54.26 million tonnes in the previous quarter, after the key iron ore export hub of Port Hedland shut down for several days due to a cyclone.

Despite the quarterly fall, the world's biggest mining company is sticking to its 2014 financial year production guidance of 192 million tonnes for iron ore - from which BHP makes the majority of its earnings.

IG analyst Evan Lucas said he was slightly disappointed with BHP's numbers, particularly with the petroleum division, which has invested heavily in US shale.

"The fact that you saw a decrease across the quarter, across the half and compared to Q1 - that's disappointing considering how much time they've put into it and it means they've almost got no room to move in terms of seasonality or weather issues to reach their guidance," he said.

Overall production across the group was up 10 per cent over the six months to December, compared to a year ago.

Chief executive Andrew Mackenzie predicts a further 16 per cent increase in production for the two years to the end of the 2014/2015 financial year, saying the company would maintain strict financial discipline and increase internal competition for capital.

"This strategy leaves us well positioned to deliver a substantial increase in free cash flow and higher returns to shareholders," Mr Mackenzie said.

The resources giant expects total capital expenditure to run to more than $16.1 billion in the 2013/14 financial year, as its 10 remaining projects go to plan.

Despite a second quarter production fall, BHP said it produced a record 98 million tonnes of iron ore in the second half of 2013, thanks to productivity gains and the opening of new mines.

"Iron ore was good. Although it didn't meet estimates it was basically in line with the record print they had in the first quarter and they were also affected by weather," Mr Lucas said.

The company also reaffirmed full year production guidance of 41 tonnes of metallurgical coal and 73 million tonnes of energy coal following December quarter increases in both commodities.

BHP shares recovered some ground in afternoon trade to close 32 cents lower at $37.63, after earlier dipping as low as $37.22.

Analysts said the share price fall could also be partly attributed to a lower iron ore price, with the steel making ingredient falling to a seven month low of $US123.20 per tonne on Wednesday, down from $US124.80 on Tuesday.


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Perth ready for biggest Aust Day fireworks

The country's biggest fireworks display will light up the sky in Perth on Australia Day. Source: AAP

THE country's biggest fireworks display will light up the sky over the Swan River on Australia Day.

More than 300,000 people are expected to gather along the Swan River foreshore for the 30th City of Perth Australia Day Skyworks, where freestyle motocross stunts and a paintball competition will thrill, along with the traditional family entertainment of bouncy castles, minigolf, face painting, water slides, rock climbing and animals.

"The event is the largest Australia Day occasion in the country," Lord Mayor Lisa Scaffidi said.

The Circus Joseph Ashton will provide free shows of trapeze, high wires and clowns.

Vintage aircraft, jets, planes in formation and helicopters will also take to the sky, as well as fire-bombers demonstrating a water drop.

Skywriters and skydivers will entertain crowds while the RAAF will fly in close formation with daring high-speed aerobatics.

The best viewing spots for the 30-minute pyrotechnic display will be at Langley Park, Kings Park, Supreme Court Gardens and South Perth foreshore.

Some designated alcohol zones will be set up and police warn there will be a zero-tolerance approach to alcohol-fuelled antisocial behaviour.

"Police will be highly visible and will be moving through the crowds to identify and respond to any issues that arise," a spokeswoman said.

Revellers have also been warned that a fire ban will be in place so all sparklers and barbecues will not be permitted.

Fremantle and Cockburn will celebrate their third annual Indian Ocean Fireworks at Bathers Beach with a free sausage sizzle, a "children's corner" and performances from artists before the 20-minute pyrotechnics display.

There is a zero-tolerance approach to public drinking and antisocial behaviour at that event.

About 40,000 spectators are expected to view the show from the Bathers Beach foreshore, the Roundhouse, Esplanade Reserve, North Mole, Monument Hill, South Beach and Fishing Boat Harbour.


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PNG pressing ahead with Aussie visa ban

Written By Unknown on Selasa, 21 Januari 2014 | 13.39

Papua New Guinea is pressing ahead with plans to ban visas on arrival for Australian visitors. Source: AAP

PAPUA New Guinea is pressing ahead with plans to ban visas on arrival for Australian visitors.

Media outlets in PNG are reporting Prime Minister Peter O'Neill has confirmed speculation the nation's National Executive Council (NEC), a cabinet-like body, approved the move last week.

Mr O'Neill denied the plan discriminates against Australians.

"There is no discrimination whatsoever," Mr O'Neill told the Port Moresby-based Post-Courier on Tuesday.

"All Australians travelling to PNG have to get a visa before arrival, except for those Australians who are travelling by boat to ports like Kokopo or Tabubil who will get a visa on arrival because of the difficulties in obtaining them beforehand.

"But this is all across the world, not only Australia.

"We have similar arrangements with other countries and we will make sure similar arrangements are in place for other world partners.

"It is the same arrangement. It's called reciprocal rights."

The ban is expected to come into force after Mr O'Neill signs off on it.

The move follows a threat from Mr O'Neill in November 2013 to withdraw visas-on-arrival arrangements with Australia unless Australia reciprocated.

In recent years there has been tension between Port Moresby and Canberra over what Mr O'Neill has called unfair visa restrictions on his countrymen.

Comment is being sought from Australian Foreign Minister Julie Bishop.


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Emergency warning issued for NSW fire

Fire crews are bracing themselves as more than 80 fires continue to burn across NSW. Source: AAP

PROPERTIES in northern NSW are under threat from a fire that has broken containment lines.

An emergency warning has been issued for the Oxley Crossings fire, which has burnt through 2370 hectares of scrub and at 5pm (AEDT) on Tuesday was 35 kilometres northeast of Coonabarabran.

"Firefighters and aircraft are working in the area," the NSW Rural Fire Service website says.

"Hot and windy conditions are putting pressure on containment lines around the fire."

The blaze is being controlled but the RFS says residents should carry out their bushfire survival plans.

"If you do not have a bushfire survival plan, know what you will do if the fire threatens your property.

"Well-prepared and actively defended homes can offer safety during the fire," the RFS says.

Two other alerts remain in place.

The lowest level of warning, "advice", has been issued for a fire in a pine forest south of Bathurst.

An advice warning is also active for the Minnimbah fire, southeast of Wagga Wagga, which has scorched about 9500 hectares and destroyed three homes.

AAP tjm/ldj/jac


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ATO working on deal for rich to come clean

Written By Unknown on Senin, 20 Januari 2014 | 13.39

The ATO is considering an amnesty for people to disclose income or assets previously hid offshore. Source: AAP

THE Australian Taxation Office (ATO) is considering an amnesty for rich people to come clean on income or assets they previously hid offshore.

Such a scheme would recoup billions of dollars at a time when tax receipts are in decline and the federal budget is deteriorating.

Tax commissioner Chris Jordan last year announced the ATO was strongly considering an "offshore disclosure initiative".

"We are currently working through the detail of such an initiative," an ATO spokesperson told AAP on Monday.

"We will announce the initiative once it has been signed off."

Like earlier amnesties, taxpayers who make a full disclosure could avoid criminal investigation and prosecution provided they have not been deliberately fraudulent.

However, they may incur financial penalties.

The scheme is likely to be available for a limited time, possibly until the end of 2014.


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Foreigners could jump queue in Qld plan

IMMIGRANTS and refugees could have their visas fast-tracked if they agree to live in regional Queensland.

The state could even up its intake under the proposal designed to alleviate pressure on the booming southeast.

Townsville, Rockhampton and Cairns have been earmarked for areas of future migrant growth, but only if the federal government commits to invest in more regional infrastructure.

While the nuts and bolts of the plan are yet to be fleshed out, Premier Campbell Newman has already discussed several strategies with federal Immigration Minister Scott Morrison.

"It could be that if you want to come to Australia, you might be on a certain waiting list ... maybe you could get bumped up the queue if you go and spend at least five years in a regional city in Queensland, a regional town," Mr Newman said.

The governments would work with councils to influence where immigrants and refugees go.

Townsville mayor Jenny Hill warns that without job opportunities, the proposal could encourage ghettos.

Mount Isa mayor Tony McGrady says attracting more people to regional towns and cities is paramount.

However, education facilities such as English language courses and better infrastructure would be needed if there was an influx of immigrant arrivals to regional areas.

Local Government Minister David Crisafulli says infrastructure and jobs would have to be guaranteed.

"Regional Queensland has been thirsty for this for a generation, it is our opportunity to deliver," he said.

"There is a world outside of Brisbane."

About 100,000 overseas immigrants move to Queensland each year.

Currently about 65 per cent of Queensland's population lives in the southeast, taking in Brisbane and the Gold and Sunshine coasts.

But the Newman government is aiming to have half the state's populating living outside the southeast by 2043.

Opposition Leader Annastacia Palaszczuk says the plan is nothing new, with 20 per cent of humanitarian entries already going to the regions.

"We also need jobs in the regions, but all this government has done is sack jobs and sack services," she said.

Comment has been sought from Mr Morrison.


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Perth prison escapee caught in another car

Written By Unknown on Minggu, 19 Januari 2014 | 13.39

A 27-YEAR-OLD prisoner who escaped from security officers while getting medical treatment at a Perth hospital, then stole two cars and shaved his hair, has been arrested.

Bradley John McIntosh-Narrier had been taken to the Joondalup Health Campus for medical treatment to an injured hand on Friday afternoon when he escaped.

He stole a black 2002 Toyota RAV4 from two women, but the vehicle was found on Saturday morning in Balcatta and taken for forensic testing.

McIntosh-Narrier then stole a 2009 maroon Subaru Liberty from a home in Kelmscott on Sunday morning and led police on a short chase through Armadale.

He was caught about 1pm (WST) in Redross Court in Armadale.

Security company Serco said McIntosh-Narrier ripped a metal rail off a wall and threatened staff at the hospital on Friday, so the guards shut him in a bathroom.

It is believed he climbed through the ceiling to escape.

Serco said its staff had followed proper procedures in escorting and restraining the prisoner.

Corrective Services Minister Joe Francis defended the guards.

"I don't know what else the guards could have done," he told AAP.

"In my opinion, they made the right judgment call."

The Department of Corrective Services will investigate the incident.

Corrective Services Commissioner James McMahon has issued a directive that extra restraints be used, such as shackling a prisoner to a guard when they use toilets.

Premier Colin Barnett has ruled out ending the prison transport contract with Serco despite three escapes in the past two weeks.

Rapist Cameron John Graham and alleged armed robber Kelden Edward Fraser kicked out a prison van door at Geraldton airport two weeks ago.


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Drag racers jailed after horror Qld smash

TWO young Queensland men have been jailed over a high-speed street race that ended in a horror smash and left a third man fighting for life.

The men, aged 22 and 20, were sentenced to three years' imprisonment, to be suspended after six months, in the Brisbane District Court.

A third man involved in causing the four-car pile-up in 2012 at Brighton, north of Brisbane, received a suspended sentence of 18 months.

Matthew Street and Patrick Balagtas reached speeds between 160km/h and 180km/h during the impromptu drag race on the Deagon Deviation on the night of August 10, 2012, the court heard on Friday.

Street, 20, rounded a bend and lost control of his Mazda RX-7, before the car smashed into an embankment and collided with Balagtas's Subaru Impreza.

Street's friend Mason Thompson, 20, had been following the pair at speed when his vehicle ploughed into his friend's stationary car. A fourth vehicle then slammed into Thompson's car.

Street's passenger, Nathan Lewthwaite, suffered horrific injuries including punctures to both lungs and spinal injuries, and had life-saving emergency surgery.

He is still recovering.

Street and Balagtas pleaded guilty to dangerous driving causing grievous bodily harm while speeding and taking part in an unlawful race, as well as dangerous driving while speeding and taking part in an unlawful race.

Thompson pleaded guilty to dangerous driving while speeding.

Justice Katherine McGinness said it was a real and concerning example of what could happen when young men raced at excessive speed.

"You are all fortunate that death did not occur to either one of your passengers or to yourselves during the incident," she said.

The judge said Street and Balagtas should serve time in prison to deter similar offending and because of the seriousness of Mr Lewthwaite's injuries.

She said Balagtas had been caught speeding since the incident and banned him from driving for two years.

Street was disqualified from driving for 18 months and Thompson for one year.


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