Infringements issued for illegal rubbish dumping in Geeveston state reserve forest area

Source: New South Wales Community and Justice

Infringements issued for illegal rubbish dumping in Geeveston state reserve forest area

Wednesday, 16 April 2025 – 8:52 am.

Two men will receive an infringement notice for $2,200 each after they allegedly illegally dumped a significant amount of rubbish in a stream side reserve at Geeveston recently. 
The 39-year-old and 66-year-old men from Geeveston allegedly dumped more than two cubic metres of rubbish in the state reserve forest area. 
“Police are continuing to investigate further reports of illegal rubbish dumping within the Geeveston area,” said Sergeant Simon Ward from Huonville Police. 
“Illegal rubbish dumping will not be tolerated, and I ask anyone with information into the matters to contact Huonville Police on 131 444 or provide information anonymously through Crime Stoppers Tasmania at crimestopperstas.com.au or on 1800 333 000”
Stephen Rymer, Assistant General Manager Operations, Sustainable Timber Tasmania said, “This is a strong demonstration that illegal rubbish dumping on Permanent Timber Production Zone land is a serious offence and offenders will be prosecuted.”   
“Illegal dumping of rubbish is a major concern for Sustainable Timber Tasmania, costing tens of thousands of dollars each year in time, resources, and clean up and has significant environmental, economic, and safety impacts.”  
Littering can be reported to the Environmental Protection Authority via epa.gov.au or by calling 1300 135 513.

High Speed motorcyclist arrested

Source: New South Wales Community and Justice

High Speed motorcyclist arrested

Wednesday, 16 April 2025 – 8:06 am.

A motorcycle rider has been charged with multiple offences and had their bike confiscated for 90 days after they were allegedly detected speeding at 170km/h at Devon Hills last night.About 6.15pm on Monday 14 April 2025 police observed a blue Suzuki motorcycle travelling at excessive speed on the Midland Highway. Police intercepted the rider – a 39 year old man from Ravenswood – who was the holder of a learner motorcycle licence.He was charged with several traffic related offences including exceed 80km/hr as a motor cycle learner licence holder.He was bailed to appear before the Launceston Magistrates Court at a later date.Anyone who may have witnessed the motorcycle behaviour or has dash camera footage is asked to contact police on 131 444 or Crime Stoppers on 1800 333 000 or at crimestopperstas.com.au. Information can be provided anonymously.Quote ESCAD 349-14042025.

Have your say on street upgrades in the city and Dickson

Source: Northern Territory Police and Fire Services

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Canberra nursery brings a new plant to light

Source: Northern Territory Police and Fire Services

The Yarralumla Nursery team are proud to share their discovery with the Canberra community.


In brief:

  • The team at Yarralumla Nursery have discovered a new plant variety.
  • Hardenbergia violacea ‘Out of the Dark’ has burgundy leaves and violet flowers.
  • Limited stock of the plant is now available at local nurseries with more in production.

Staff at Yarralumla Nursery have discovered a new variety of the plant,  Hardenbergia.

Unlike the standard Hardenbergia with green foliage, this variety has deep burgundy leaves.

In 2018, seed was collected from the base of the Brindabellas along the Murrumbidgee River.

The nursery team grew 1500 plants from those seeds. Out of the entire batch, a single plant had distinct burgundy foliage.

The team at the nursery isolated the plant. They monitored it over the following four years to make sure the leaves didn’t revert back to green. The leaves kept their striking burgundy colour, which contrast against the deep-purple pea flowers.

Yarralumla Nursery chose “Out of the Dark” as the name for this variety. It references the flowers emerging from the dark burgundy foliage in late winter.

You can use this plant as a groundcover or as a twining climber for a trellis. It loves dappled shade and is frost tolerant once established. Out of the Dark can be planted in a wide range of soil types.

A discovery like this has only happened a handful of times in the 110-year history of Yarralumla Nursery.

“The whole team at Yarralumla Nursery are proud to release this new variety of Hardenbergia violacea, Out of the Dark, to the Canberra community and the whole country,” Dr Matthew Parker, General Manager of Yarralumla Nursery said.

Yarralumla Nursery have released a small number of this new plant to local nurseries across Canberra.

If you can’t get your hands on any this time around, don’t worry. Yarralumla Nursery are producing more for future sale.

Watch this short video to find out more.

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UPDATE: Charges – Stolen motor vehicle – West Daly Region

Source: Northern Territory Police and Fire Services

The Northern Territory Police Force have charged two men in relation to a stolen motor vehicle incident in the West Daly Region last week.

The NSW registered vehicle was allegedly stolen on 4 April 2025 and has been involved in a number of dangerous driving and assault police incidents across Palumpa and Wadeye.

Local officers, along with members from the Fugitive Taskforce, apprehended the vehicle on Saturday 12 April just outside of Wadeye, along Port Keats Road. Two men, aged 19 and 21, were arrested without incident.

The 19-year-old has been charged with:

  • 4 x Driving, using/riding motor vehicle without consent
  • 2 x Endanger occupants of vehicles
  • 2 x Assault member of police force
  • 1 x Going armed in public
  • 1 x Drive motor vehicle while unlicensed
  • 1 x Damage to property
  • 1 x Permit learner – no L plates
  • 1 x Fail to obey direction of police officer
  • 1 x Breach of bail

The 21-year-old has been charged with:

  • 2 x Driving, using/riding motor vehicle without consent
  • 2 x Endanger occupants of vehicles
  • 2 x Assault member of police force
  • 1 x Drive in a manner dangerous
  • 2 x Recklessly endanger serious harm
  • 1 x Drive motor vehicle while unlicensed
  • 1 x Drive motor vehicle while unlicensed (NT Interstate License)
  • 1 x Breach of bail

Both were further remanded to appear in Darwin Local Court on 30/04/25 and 23/06/25 respectively.

Call for information – Aggravated Assault – Karama

Source: Northern Territory Police and Fire Services

The Northern Territory Police Force is calling for information after an aggravated assault occurred in Karama overnight.

Around 10:10pm, police received reports that a 28-year-old male delivery driver was allegedly assaulted by four male youths after delivering food on Lippia Court.

It is alleged the group demanded money and goods from the victim before one of them assaulted him with a rock.

One of the males entered the vehicle and the victim attempted to drive away before he pulled over and called police, causing the offender to flee.

Police attended and provided first aid to the victim who had suffered a laceration to his forehead. He was then transported to Royal Darwin Hospital by a friend.

Occupants from the food delivery address are not believed to be involved in the assault.

Four offenders remain outstanding, and investigations are ongoing.

Police urge anyone with information in relation to the incident to make contact on 131 444. Please quote reference number NTP2500038848. Anonymous reports can be made through Crime Stoppers on 1800 333 000 or via https://crimestoppersnt.com.au/.

Arrest – Aggravated robbery – Darwin CBD

Source: Northern Territory Police and Fire Services

The Northern Territory Police Force has arrested a 37-year-old male in relation to an aggravated robbery at a massage parlour in Darwin CBD overnight.

About 12:50am this morning, police received reports of two men allegedly entering the business, stealing cash and property, and assaulting the workers within.

A 37-year-old man was arrested nearby and is currently in police custody.

Serious Crime have carriage of the investigation and are making enquiries to locate the outstanding offender.

Call for information – Stolen motor vehicle – Tennant Creek

Source: Northern Territory Police and Fire Services

The Northern Territory Police Force is calling for information in relation to a vehicle that was stolen yesterday evening in Tennant Creek.

Around 7:20pm on Monday 14 April, police received a report of a stolen motor vehicle from a service station in Tennant Creek. The vehicle was confirmed to be a blue 2004 Toyota Avalon sedan.

It is alleged that while the owner of the vehicle was inside the store, he left the vehicle unsecured, and an unknown offender stole the vehicle. The offender drove in a dangerous manner around Tennant Creek, collecting an unknown number of passengers before general duties members successfully deployed tyre deflation devices.

The vehicle was subsequently abandoned in bushland on the outskirts of town.

The offenders fled on foot and currently remain outstanding.

General duties members are investigating and calling for information from members of the public to identify the driver and the other occupants of the vehicle.

Police urge anyone with information to contact police on 131 444. Please quote reference P25102399. Anonymous reports can also be made through Crime Stoppers on 1800 333 000 or via https://crimestoppersnt.com.au/.

Company and its director handed fines, suspended jail term, for illegal operation of a waste facility in Eagleby

Source: Tasmania Police

Issued: 15 Apr 2025

An asbestos removal and demolition company and its director have been sentenced for the illegal operations of their waste facility in Eagleby, after previously pleading guilty to similar offences late last year in one of Queensland’s worst-ever illegal asbestos waste matters.

The sentences were handed down on 14 April 2025, by the Beenleigh Magistrates Court. Asbestos Demolition Specialists was sentenced for the following offences under the Environmental Protection Act 1994:

  • two offences for carrying out an environmentally relevant activity without an environmental authority; and
  • one offence for wilfully contravening an environmental protection order.

The company was ordered to pay a fine of $150,000.

The company’s director, Mr Anthony Palmer, pleaded guilty to the following offences under the same act:

  • three executive officer offences for failing to ensure the company complied with the requirements of the Environmental Protection Act 1994;
  • two offences for carrying out environmentally relevant activities without an environmental authority; and
  • two offences for knowingly making false statements to the Department.

Mr Palmer was sentenced to six months imprisonment wholly suspended for three years and ordered to pay a further fine of $30,000.

The offences occurred between 6 October 2022 and 12 April 2024 and are largely a continuation of the previous offending related to receiving, storing, and disposing of waste illegally after an extensive investigation by the Department of the Environment, Tourism, Science and Innovation. While these offences are serious, they did not involve asbestos waste.

In October 2024, Asbestos Demolition Specialists was fined $400,000, and the company’s director copped a $100,000 fine after pleading guilty to multiple offences relating to the illegal operation of a waste facility in Eagleby.

These previous offences occurred between 29 May 2019 and 7 October 2022.

“Our role as Queensland’s environmental regulator means taking strong enforcement action against operators found to be noncompliant with their environmental obligations.

“Unlicensed operations have the potential to undermine and undercut licenced operators who have obtained the correct authorities to operate.

“An Environmental Authority, issued by the department, provides businesses with conditions they must comply with to manage environmental risks associated with their operations.

“The repeated nature of these offences, and the lack of action from the company and Mr Palmer is extremely disappointing.

“Thanks to the hard work of our compliance officers and investigators, who were critical in holding this company and its director accountable for their actions.”

Brad Wirth, Executive Director, Industry Development and South East Compliance, DETSI

NSW Court of Appeal confirms letters of comfort don’t extend liability to a liquidator’s admissions of debt

Source: Allens Insights (legal sector)

Some liabilities may be enforceable but not provable 5 min read

In Forex Capital Trading Pty Ltd (in liq) v Invesus Group Ltd [2025] NSWCA 64, the New South Wales Court of Appeal has confirmed that a parent company agreement under a letter of comfort to pay ‘debts … incurred’ by its subsidiary does not apply to proofs of debt admitted in liquidation.

In this Insight, we look at the decision and what can be learned from it.

Key takeaways

  • The court’s decision is a useful reminder that the amount for which a proof of debt is admitted by a liquidator does not always correlate with the amount for which a company is liable—eg there are some liabilities that may be enforceable against the company but not provable in the liquidation.
  • It also highlights the importance of precise drafting. While letters of comfort will not always provide a legally enforceable obligation, liquidators should keenly examine their content before making a decision.

Background

Forex Capital Trading Pty Ltd (FXCT) operated a business providing a platform for the sale of derivatives and foreign currency exchange products. Invesus Group Limited (IGL) was its ultimate parent company. During the course of a proceeding brought by the Australian Securities and Investment Commission against FXCT, IGL executed a letter of comfort in favour of FXCT and its directors. The letter of comfort applied regarding ‘any debts, including judgment debts, incurred by FXCT … prior to or after the date of this letter in respect of FXCT’s customers’. In the aftermath of that proceeding, in which FXCT had agreed to a penalty of $20 million, it was voluntarily wound up. FXCT’s liquidators admitted proofs of debt  submitted by former customers in the amount of $43,645,127.26, under a process approved by the Federal Court. The FXCT liquidators then commenced a proceeding against IGL for breach of the letter of comfort, to recover the amount owed to former customers.

The decisions

Supreme Court

At first instance, the primary judge determined that IGL was not liable under the terms of the letter of comfort to former customers for debts admitted by FXCT’s liquidators. The court found that when a liquidator admits a proof of debt, the liquidator ‘is not creating a new liability of the company in substitution for an existing liability’. It explained that the liquidators’ admissions could not meet the definition of ‘debts’ under the letter of comfort, as the admission of a proof of debt could not alter the company’s underlying liabilities, and could not bind IGL.

Court of Appeal

On appeal, Justice Mitchelmore, with whom Justices Kirk and Adamson agreed, upheld the primary judge’s decision that the admissions of proofs of debt by the liquidator did not create a claim under the letter of comfort. Her Honour noted that a liquidator’s role under the Corporations Act 2001 (Cth) is to preside over the statutory scheme by which assets are distributed. By virtue of the winding up, creditors obtain a right to participate in the distribution but the process of administration of assets is not one by which rights against the company itself are obtained or enforced. 

In coming to this decision, Justice Mitchelmore explained that:

  • The liquidator’s admission of proofs of debt of former customers did not affect the independent existence of those claims.
  • There was nothing in the letter of comfort that suggested IGL accepted it would be bound by the liquidator’s determination of claims by former customers.

Useful points

Again, the decision is a strong reminder that the amount for which a liquidator admits a proof of debt does not always correspond with the amount for which a company is liable, and also that precise drafting is crucial.

If you wish to discuss anything raised in this Insight, please do not hesitate to contact one of our experts.