Marcus Harris and Aaron Finch gave Australia a solid start as the hosts went to lunch at 66/0 on the opening day.
Reported by DNA 3 hours ago.
India vs Australia, 2nd Test Day 1 Lunch Report: Openers give hosts solid start
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Australia: The future of BOOT and Loaded Rates in Enterprise Agreements - ClarkeKann Lawyers
Before approving an enterprise agreement, the FWC must be satisfied that it passes the BOOT (Better Off Overall Test).
Reported by Mondaq 3 hours ago.
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Sport24.co.za | Australian openers make solid start against India
Australia's openers made a solid start on the first day of the second Test against India in Perth on Friday.
Reported by News24 3 hours ago.
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The Case That Dare Not Speak Its Name: The Conviction of Cardinal Pell – OpEd
“Freedom of the press in the world will cease to exist if a judge in one country is allowed to bar publication of information anywhere in the world.” — Martin Baron, Executive Editor, The Washington Post, Dec 13, 2018
It had been shrouded in secrecy akin to the deepest conspiracy, but the trial of Cardinal George Pell, while not letting much in the way of publicity in Australia, was always going to interest beyond the walls of the Victorian County Court. This was the legal system of a country, and more accurately a state of that country, glancing into the workings of the world’s first global corporation and its unsavoury practices. The Catholic Church, in other words, had been subjected to a stringent analysis, notably regarding the past behaviour of one of its anointed sons.
Cardinal Pell, a high-ranking official of the Catholic Church and financial grand wizard of the Vatican, was found guilty on December 11 of historical child sexual abuses pertaining to two choir boys from the 1990s. But details remain sketchy. We know, for instance, that the number of charges was five, and that the trial has been designated “the cathedral trial”. We also know that a first trial failed to reach a verdict.
Scrutiny from the Australian press gallery and those who had been victims of sexual abuse at the hands of priests over the years, was limited for reasons peculiar to this country’s ambivalence to open discourse. They were told that would be so.
The Pell case is a classic instance of suppression laws in action and, more particularly, their appeal in the Victorian jurisdiction that was not dimmed with the passage of the Open Courts Act 2013 (Vic). Section 4 of the Act noting “a presumption in favour of disclosure of information to which a court or tribunal must have regard in determining whether to make a suppression order” has proven a fairly weak exercise.
Victorian judges, such as former Victorian Supreme Court Justice Betty King, have gone so far as to boast about the frequency they have handed down such orders. Former Victorian Chief Justice Marilyn Warren, writing in October 2015, illustrated the classic struggle between the media which “has its own interests” and the judicial system. “Crime,” she reminds us prosaically, “sells.”
Little wonder then that Judge Peter Kidd relented to the prosecutor’s request in the Pell case that a gag order be imposed ahead of the trial “to prevent a real and substantial risk of prejudice to the proper administration of justice.”
The suppression order issued by the Victorian County Court is still in force, covering “all Australian states and territories” and “any website or other electronic or broadcast format accessible within Australia”. The reason lies in a connected trial, known as the swimmers’ trial, in which Pell is also being tried for allegedly abusing two other boys at a Ballarat swimming pool in Victoria during the 1970s, proceedings of which will take place in late February or early March.
Australian newspapers have engaged in what can only be regarded as an absurd song and dance that demonstrates the hollow, ceremonial nature of such restrictions. Melbourne’s The Age noted how “we are unable to report their identity due to a suppression order.” (Tantalising!) The paper did, however, note that, “Google searches for the person’s name surged on Wednesday, particularly in Victoria. Two of the top three search results on the suppressed name showed websites that were reporting the charges, the verdict and the identity of the person in full.”
The Daily Telegraph huffed with “the nation’s biggest story” in its front-page headline. “A high profile Australian with a worldwide reputation has been convicted of an awful crime.” In evident terror, the paper has done its best to delete any links on the web to that initial story. Likewise the Herald Sun of Melbourne, despite its agitated bold headline “Censored.”
Other Australian outlets have also been cowed. Josh Butler of 10 Daily sounded anguished. “We’d like to tell you what happened, instead of speaking in riddles, but our legal system – specifically, the legal system of one Australian state – forbids us from telling you.” In the words of feminist and voluble website Mamamia, “we too cannot report on the person’s identity or the crime they have been found guilty of.” Spot the Australian in question, but in heaven’s name do not mention him in Australia proper. The pathology of suppression proves irresistible.
It was left to foreign press services to run with the story, or not, as it were, leaving an absurd spectacle of neurotic meanderings in its wake. Some agencies, like Reuters and Associated Press, played the cautious card and resisted temptation. Reuters’ spokeswoman, Heather Carpenter, insisted that Reuters was “subject to the laws of the countries in which we operate”.
In the United States, the reaction was particularly determined, though the enthusiasm did not spread to The New York Times, despite that paper having given extensive coverage to the allegations themselves. The paper’s deputy general counsel, David McCraw, claimed that the paper was abiding by the court’s order “because of the presence of our bureau there. It is deeply disappointing that we are unable to present this important story to our readers in Australia and elsewhere.” Press coverage of judicial proceedings, he insisted, was “a fundamental safeguard of justice and fairness.”
The Washington Post, National Review, Daily Beast and National Public Radio were all busy in their efforts to run stories on Pell. The Daily Beast has, however, geoblocked reports to Australian readers. In the words of the outlet’s editor, Noah Shachtman, “We understood there could be legal, and even criminal, consequences if we ran this story.”
In a global, relentless information environment, one accessible at the search on a phone, suppression orders retain an anachronistic insensibility. When it comes to matters concerning an individual of such standing and influence as Cardinal Pell, including the clandestine institution he has represented for decades, the courts risk looking all too cosy with creatures of power.
While barristers rightly seek to defend their clients and hope, often elusively, for that fair trial to be extracted from a prejudiced milieu, such court directives smack of theatrical illusion rather than impact. Imposing suppression orders can be a case less of assisting the accused have a fair trial than preventing discussing what is already available. To make them function in any effectual manner would be to select jurors hermetic and immune to the Internet or an interest in foreign news sources – a nigh impossible task. Victoria’s judges, like King Canute, are attempting to control the tide in vain. Reported by Eurasia Review 3 hours ago.
It had been shrouded in secrecy akin to the deepest conspiracy, but the trial of Cardinal George Pell, while not letting much in the way of publicity in Australia, was always going to interest beyond the walls of the Victorian County Court. This was the legal system of a country, and more accurately a state of that country, glancing into the workings of the world’s first global corporation and its unsavoury practices. The Catholic Church, in other words, had been subjected to a stringent analysis, notably regarding the past behaviour of one of its anointed sons.
Cardinal Pell, a high-ranking official of the Catholic Church and financial grand wizard of the Vatican, was found guilty on December 11 of historical child sexual abuses pertaining to two choir boys from the 1990s. But details remain sketchy. We know, for instance, that the number of charges was five, and that the trial has been designated “the cathedral trial”. We also know that a first trial failed to reach a verdict.
Scrutiny from the Australian press gallery and those who had been victims of sexual abuse at the hands of priests over the years, was limited for reasons peculiar to this country’s ambivalence to open discourse. They were told that would be so.
The Pell case is a classic instance of suppression laws in action and, more particularly, their appeal in the Victorian jurisdiction that was not dimmed with the passage of the Open Courts Act 2013 (Vic). Section 4 of the Act noting “a presumption in favour of disclosure of information to which a court or tribunal must have regard in determining whether to make a suppression order” has proven a fairly weak exercise.
Victorian judges, such as former Victorian Supreme Court Justice Betty King, have gone so far as to boast about the frequency they have handed down such orders. Former Victorian Chief Justice Marilyn Warren, writing in October 2015, illustrated the classic struggle between the media which “has its own interests” and the judicial system. “Crime,” she reminds us prosaically, “sells.”
Little wonder then that Judge Peter Kidd relented to the prosecutor’s request in the Pell case that a gag order be imposed ahead of the trial “to prevent a real and substantial risk of prejudice to the proper administration of justice.”
The suppression order issued by the Victorian County Court is still in force, covering “all Australian states and territories” and “any website or other electronic or broadcast format accessible within Australia”. The reason lies in a connected trial, known as the swimmers’ trial, in which Pell is also being tried for allegedly abusing two other boys at a Ballarat swimming pool in Victoria during the 1970s, proceedings of which will take place in late February or early March.
Australian newspapers have engaged in what can only be regarded as an absurd song and dance that demonstrates the hollow, ceremonial nature of such restrictions. Melbourne’s The Age noted how “we are unable to report their identity due to a suppression order.” (Tantalising!) The paper did, however, note that, “Google searches for the person’s name surged on Wednesday, particularly in Victoria. Two of the top three search results on the suppressed name showed websites that were reporting the charges, the verdict and the identity of the person in full.”
The Daily Telegraph huffed with “the nation’s biggest story” in its front-page headline. “A high profile Australian with a worldwide reputation has been convicted of an awful crime.” In evident terror, the paper has done its best to delete any links on the web to that initial story. Likewise the Herald Sun of Melbourne, despite its agitated bold headline “Censored.”
Other Australian outlets have also been cowed. Josh Butler of 10 Daily sounded anguished. “We’d like to tell you what happened, instead of speaking in riddles, but our legal system – specifically, the legal system of one Australian state – forbids us from telling you.” In the words of feminist and voluble website Mamamia, “we too cannot report on the person’s identity or the crime they have been found guilty of.” Spot the Australian in question, but in heaven’s name do not mention him in Australia proper. The pathology of suppression proves irresistible.
It was left to foreign press services to run with the story, or not, as it were, leaving an absurd spectacle of neurotic meanderings in its wake. Some agencies, like Reuters and Associated Press, played the cautious card and resisted temptation. Reuters’ spokeswoman, Heather Carpenter, insisted that Reuters was “subject to the laws of the countries in which we operate”.
In the United States, the reaction was particularly determined, though the enthusiasm did not spread to The New York Times, despite that paper having given extensive coverage to the allegations themselves. The paper’s deputy general counsel, David McCraw, claimed that the paper was abiding by the court’s order “because of the presence of our bureau there. It is deeply disappointing that we are unable to present this important story to our readers in Australia and elsewhere.” Press coverage of judicial proceedings, he insisted, was “a fundamental safeguard of justice and fairness.”
The Washington Post, National Review, Daily Beast and National Public Radio were all busy in their efforts to run stories on Pell. The Daily Beast has, however, geoblocked reports to Australian readers. In the words of the outlet’s editor, Noah Shachtman, “We understood there could be legal, and even criminal, consequences if we ran this story.”
In a global, relentless information environment, one accessible at the search on a phone, suppression orders retain an anachronistic insensibility. When it comes to matters concerning an individual of such standing and influence as Cardinal Pell, including the clandestine institution he has represented for decades, the courts risk looking all too cosy with creatures of power.
While barristers rightly seek to defend their clients and hope, often elusively, for that fair trial to be extracted from a prejudiced milieu, such court directives smack of theatrical illusion rather than impact. Imposing suppression orders can be a case less of assisting the accused have a fair trial than preventing discussing what is already available. To make them function in any effectual manner would be to select jurors hermetic and immune to the Internet or an interest in foreign news sources – a nigh impossible task. Victoria’s judges, like King Canute, are attempting to control the tide in vain. Reported by Eurasia Review 3 hours ago.
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Australia: The future of BOOT and loaded rates in enterprise agreements - ClarkeKann Lawyers
As the FWC's application of the BOOT becomes more technical, the utility of enterprise bargaining becomes more uncertain.
Reported by Mondaq 3 hours ago.
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NBN says 1.3 percent of FttN lines sit below 25Mbps after co-existence ends
Australia’s Nationwide Broadband Community (NBN) corporate has stated that as of November nine, 1.three % of fibre-to-the-node (FttN) premises are incapable of hitting its mandated minimal velocity of 25/5Mbps as soon as the co-existence length ends. Co-existence is the 18-month transition length the place FttN speeds are dialled right down to proceed permitting legacy services …
Reported by The News Articles 3 hours ago.
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Asian stocks down for Friday as China data weighs
· *Risk-off marks the end of this trading week for the Asian bourses as major indexes dip red once again.*
· *China Retail Sales missed big today, coming in at 8.1% (expected 8.8%), while Industrial Production slipped to 5.4% (expected 5.9%).*
Asian equities remain off-balance for Friday as risk aversion returns to the fold, knocking bullish traders off-balance and keeping safe haven assets well-bid to cap off the trading week, with a missed data reading from China further entrenching the Pacific sector in the red as investor sentiment continues to skew towards the downside.
Despite a bumper reading in Japan's Tankan indicators early Friday, Japanese stocks are in the red for the day amidst broader market tensions and still-rising trade war fears, and the Nikkei 225 index is down about -1.90% with Tokyo's Topix index declining -1.40% for Friday; China is likewise off-balance after Chinese Retail Sales and Industrial Production both missed market estimates, and the Hong Kong Hang Seng index is retreating -1.50% with Shanghai's CSI 300 down -1.00%. Australia, forever tied closely to China in both trade and economic growth, is also seeing traders retreat on the day's data miss, and the ASX 200 is down -1.05% for Friday.
Despite the usual market fray plaguing Asian stocks, emerging markets are remaining comparatively upright, with the MSCI broad Asia-Pacific (excluding Japan) index up nearly 0.55% on the day.
*Nikkei 225 Technical Levels*
Nikkei 225
Overview:
Today Last Price: 21405
Today Daily change: -4.9e+4 pips
Today Daily change %: -2.24%
Today Daily Open: 21895
Trends:
Previous Daily SMA20: 21754.32
Previous Daily SMA50: 21948.23
Previous Daily SMA100: 22515.56
Previous Daily SMA200: 22431.19
Levels:
Previous Daily High: 21920
Previous Daily Low: 21685
Previous Weekly High: 22720
Previous Weekly Low: 21075
Previous Monthly High: 22570
Previous Monthly Low: 21180
Previous Daily Fibonacci 38.2%: 21830.23
Previous Daily Fibonacci 61.8%: 21774.77
Previous Daily Pivot Point S1: 21746.67
Previous Daily Pivot Point S2: 21598.33
Previous Daily Pivot Point S3: 21511.67
Previous Daily Pivot Point R1: 21981.67
Previous Daily Pivot Point R2: 22068.33
Previous Daily Pivot Point R3: 22216.67
Reported by FXstreet.com 3 hours ago.
· *China Retail Sales missed big today, coming in at 8.1% (expected 8.8%), while Industrial Production slipped to 5.4% (expected 5.9%).*
Asian equities remain off-balance for Friday as risk aversion returns to the fold, knocking bullish traders off-balance and keeping safe haven assets well-bid to cap off the trading week, with a missed data reading from China further entrenching the Pacific sector in the red as investor sentiment continues to skew towards the downside.
Despite a bumper reading in Japan's Tankan indicators early Friday, Japanese stocks are in the red for the day amidst broader market tensions and still-rising trade war fears, and the Nikkei 225 index is down about -1.90% with Tokyo's Topix index declining -1.40% for Friday; China is likewise off-balance after Chinese Retail Sales and Industrial Production both missed market estimates, and the Hong Kong Hang Seng index is retreating -1.50% with Shanghai's CSI 300 down -1.00%. Australia, forever tied closely to China in both trade and economic growth, is also seeing traders retreat on the day's data miss, and the ASX 200 is down -1.05% for Friday.
Despite the usual market fray plaguing Asian stocks, emerging markets are remaining comparatively upright, with the MSCI broad Asia-Pacific (excluding Japan) index up nearly 0.55% on the day.
*Nikkei 225 Technical Levels*
Nikkei 225
Overview:
Today Last Price: 21405
Today Daily change: -4.9e+4 pips
Today Daily change %: -2.24%
Today Daily Open: 21895
Trends:
Previous Daily SMA20: 21754.32
Previous Daily SMA50: 21948.23
Previous Daily SMA100: 22515.56
Previous Daily SMA200: 22431.19
Levels:
Previous Daily High: 21920
Previous Daily Low: 21685
Previous Weekly High: 22720
Previous Weekly Low: 21075
Previous Monthly High: 22570
Previous Monthly Low: 21180
Previous Daily Fibonacci 38.2%: 21830.23
Previous Daily Fibonacci 61.8%: 21774.77
Previous Daily Pivot Point S1: 21746.67
Previous Daily Pivot Point S2: 21598.33
Previous Daily Pivot Point S3: 21511.67
Previous Daily Pivot Point R1: 21981.67
Previous Daily Pivot Point R2: 22068.33
Previous Daily Pivot Point R3: 22216.67
Reported by FXstreet.com 3 hours ago.
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More short course gold in sight for Titmus
Australia have added another medal to their world short-course swimming titles tally after Emily Seebohm claimed bronze in the 200m backstroke final.
Reported by SBS 2 hours ago.
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The best cheap 4K TV deals in Australia for December 2018
Reported by TechRadar 2 hours ago.
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Huawei woes multiply as France risks becoming its next challenge in global 5G fight
As Huawei’s battles in the US snare its founder’s daughter, a new front is opening up across the pond – in France. After the US, Japan, Australia and New Zealand banned the Chinese company’s network infrastructure products and Germany intensifies scrutiny, France is now tipping into unfriendly territory for Huawei. The country will not ban the company. Instead, France, which has safeguards in place for critical parts of its telecoms networks, is considering adding items...
Reported by S.China Morning Post 2 hours ago.
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Markle, green poop: the top trends in 2018
Sporting events, advice on deleting Instagram, My Health Record and keto recipes were some of the top internet search terms in Australia in 2018.
Reported by SBS 2 hours ago.
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Hardik Pandya to test fitness in Ranji
India all-rounder Hardik Pandya has his eyes set on a comeback to the Indian Test side that is currently playing in Australia and for that is taking part in Baroda's match against Mumbai in the 2018-19 Ranji Trophy after an injury layoff.
Reported by Sify 2 hours ago.
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India vs Australia 2nd Test: India finally get a wicket as Bumrah traps Finch LBW - Watch
Jasprit Bumrah got the first wicket for India in the second Test match against Australia at Perth.
Reported by DNA 2 hours ago.
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Daily bulletin: SC to deliver verdict on Rafale probe; RBI board to meet; 2nd India-Australia Test begins; day's top stories
Daily bulletin: The apex court is expected to deliver a verdict on whether a probe is required into the Rs 59,000 Rafale deal; deliberations about the CM in Rajasthan continues; day's top stories
Reported by Firstpost 2 hours ago.
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Vaughan Thinks "India Made A Mistake" By Not Picking This Player In Perth
Ravindra Jadeja, who’s ready at the sidelines, was once no longer picked for India’s Perth Take a look at in opposition to Australia as Virat Kohli opted to move with 4 pacers. Whilst Hanuma Vihari was once picked rather than Rohit Sharma, Umesh Yadav changed Ravichandran Ashwin within the squad. Each the avid gamers neglected …
Reported by The News Articles 2 hours ago.
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Australia warns citizens ahead of Jerusalem embassy move
Prime Minister Scott Morrison expected to announce controversial decision of recognising Jerusalem as Israel's capital.
Reported by Al Jazeera 1 hour ago.
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Australia, NZ investigating bomb threat emails: cyber security agencies
Law enforcement agencies in Australia and New Zealand are investigating bomb threat emails received by some residents, cyber security officials said on Friday, after similar threats were made in the United States and Canada.
Reported by Reuters India 1 hour ago.
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White Christmas dashed for cocaine syndicate mastermind
A Sydney fisherman and a former Roosters player were among three men jailed over one of Australia's largest attempted cocaine shipments.
Reported by Brisbane Times 1 hour ago.
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New Zealand: Illustrated Plainly: Which IP Right Is Best For Me? (Video) - AJ Park
AJ Park, an intellectual property law firm in Australia and New Zealand, shares an illustrated video to help guide you on what IP right is best for you.
Reported by Mondaq 23 minutes ago.
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Sport24.co.za | Sex assault charge as Australia's NRL hit by more scandal
Australia's National Rugby League is reeling from yet another sexual assault scandal.
Reported by News24 46 minutes ago.
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