Wednesday, July 28, 2010

ICAP AM REPORT



US recovery concerns dominated the landscape last night, so risk trades were pulled in a bit. I can’t say the dataflow warranted, or justified these concerns however. Durable goods (a great indicator for industrial production more generally) fell again and that certainly didn’t help calm fears. Specifically, we saw a 1% fall in June which is the 2nd drop in a row. Having said that, if you exclude volatile items (and we must) orders were flat and that follows a strong 1.6% surge in May. So the actual picture being painted is still one of decent order flow and to try and read weakness into these numbers, is testing the limits of credibility

It didn’t stop there though. The Fed’s, in issuing the Beige Book, had to go and use the word ‘slowed’. What were they thinking? Personally I don’t have a problem with the word, but as we know, there is tendency for the word slowed and double-dip to be used interchangeably. In any case the Beige Book (anecdotal reports collected by the Fed) suggests that activity continued to expand since the previous survey - ie the economy improved since the last survey on June 9 – it was an upbeat assessment. Nevertheless, two districts suggested that the level of activity generally held steady and another two suggested “the rate of improvement slowed”. It’s still improving but, and this often gets lost in the rhetoric.

By sector, manufacturing continued to increase in most districts, as did the services sector. Consumer spending was described as being “generally positive” although in most districts the increases were modest. Conversely, commercial and residential real-estate was noted as being sluggish while “labor market conditions improved gradually in several districts”.

So all up it wasn’t a bad report but equities weren’t in the mood and weakened after it was released. Having hit a high in early trading (1114 or +0.2%) the S&P then went offered for the remainder of the session and closed down 0.7% (1106). All sectors outside of telecommunications actually took a dip, with the main downside from healthcare, technology and financials. Elsewhere the Dow dropped 39pts to 10497, the Nasdaq fell 1% to 2264 while the SPI was 0.4% (4489) lower.

Rates then rallied with yields on the major t.notes down about 4bp (2s and 10s) and 8bp on the 5s. The bigger move on the 5s reflects a well bid 5yr t.note auction. $37bn was up for grabs and cover at 3.06 was the strongest in about 4yrs. At the close, the 2yr yield was 0.61%, the 5yr was 1.7% and the 10yr settled at 3%. Following a strong rally yesterday in the wake of that ‘claytons’ dip in inflation, Aussie futures did little, travelling within a 5-6 tick range and ending only 1 tick higher. 3s are at 95.32 and 10s at 94.80.

Just quickly on FX and commodities, USD bounced a bit with AUD down 12pips to 0.8936, eur was off 15pips to 1.2993 and Sterling fell 21pips to 1.5588. Crude was down 0.9% ($76.82) after the US Energy Department reported a surprise lift in inventories over the week to July 23. Otherwise Dr Copper pushed out another 1% (+10% over the last week or so) while gold was up smalls ($1163).

In terms of interesting news flow there were bits and pieces. The ECB suggested that from next year collateral rules will be tougher. Not so much for sovs but weaker rated stuff like ABS etc. the ECB also reported that while banks are tightening lending standards in Q2, lending growth to consumers (and business) actually accelerated and banks expect higher loan demand next quarter. Still on central banks, the BoE governor then suggested that rates could go in either direction, although realistically I think an extension of QE is unlikely given inflation remains well above the band and the strong growth indicators to date. Finally, German inflation rose to 1.2%y/y in July from 0.8%.

The dataflow for the day includes the RBNZ at 7am followed by the NZ trade balance at 0845. For Australia, HIA’s new home sales series is out at 11am. Tonight just watch out for US jobless claims (expected to remain steady) and the EC business climate indicator.

That’s about the lot, have a great day…


Kell & Rigby Holdings Pty Limited v Lindsay Bennelong Developments Pty Ltd

The Supreme Court of New South Wales has recently examined the impact of a Superintendent’s conduct when it may be considered as unfair and the impact on contractual rights of the Principal.

This case will have immediate impact on the way in which contract administrators and superintendents interact and administer their contracts. Careful advice is necessary before acting in the interests of the Principal only.

F ACTS:
Kell & Rigby (“the Plaintiff”), entered into a contract with Lindsay Bennelong (“the Defendant”) whereby the Plaintiff was to undertake construction work at of a development at Rushcutters Bay, Sydney. The development comprised 3 relevant stages.
Practical completion was certified in respect of stage 1 on 24 November 2008 and in respect of stage 2 on 3 in December 2009. The parties then entered into an advance payment deed whereby the Defendant advanced the Plaintiff $2m repayable on completion of stage 3, or on termination of the contract or if the works are taken out of the hands of the Plaintiff. The Plaintiff provided a bank guarantee in return for the advanced payment.
At May 2010, the parties were in dispute as to the progress of work. The Superintendent issued a variation notice to the Plaintiff and also a certificate of practical completion for stage 3 works. The Defendant then demanded the return of the $2m advanced to the Plaintiff.
The Plaintiff obtained an injunction from the Court to restrain the Bank from paying out on the Bank guarantee given in exchange for the advanced payment. The Plaintiff relied on, inter alia, the submission that the certificate of practical completion was invalid.
ISSUES:
Whether the certificate of practical completion was valid?
FINDING:
The Supreme Court found that the certificate of practical completion was vitiated as a result of the failure by the superintendent to act fairly.
QUOTE:
Hammerschlag J [at 72]:
“I conclude that the Certificate of Practical Completion was vitiated as a result of the failure by the Superintendent to act fairly.”
IMPACT:
The case illustrates that notwithstanding the existence of contractual rights, where a party acts unfairly in commercial dealings with another party, that unfair conduct may have the effect of vitiating the unfair act.
Contract administrators should ensure that they act fairly and not be unduly influenced by one party or another to a contract in order to ensure that contractual rights are preserved and should be careful to follow due process to avoid challenges to their decisions.

BROKER NEWS TV: Industry panel applauds licensing lift

A panel of industry commentators have joined together to extol the virtues of the new national licensing regime - as long as the compliance burden does not get too onerous.

In an exclusive discussion recorded by Broker News TV, FAST managing director Steve Kane, Resi head of consumer advocacy Lisa Montgomery, Mortgage Choice national manager of non-core products Simon Dehne, and FirstMac chief financial officer James Austin all argue licensing will benefit the industry.

To view the full panel discussion - covering a wider range of issues - go to Broker News TV.

FAST's Kane said the group had just completed a survey of its broker network, asking their views about legislation, and 78% of respondents agreed it was a positive move for "professionalism".

"For the profession itself, being recognised as a true profession in the marketplace we think is going to be very, very positive - albeit we just need to guard against overcomplicating the system like we did with the FSRA [Financial Services Reform Act]", Kane said.

The panel warned specifically about the possibility of the statement of advice concept from FSRA legislation being duplicated across the mortgage industry. "We really don't need an 80 page statement of advice for a mortgage loan," Kane said.

Resi's Montgomery said licensing "is such a positive move for the industry", and will see mortgages lifted to become the new wealth creation tool of borrowers, assisting with investment strategies.

"We have needed to lift our profession from where it was sitting, up into a professional opportunity for people to move into and practice in the industry," Montgomery said.

Saturday, July 24, 2010

Troll takes its toll after YouTube rant led to death threats against Slaughter family - reposted by andre di cioccio

AN 11-year-old, an internet connection and a foul-mouthed rant have proved a recipe for disaster.

Jessi Slaughter's YouTube swearfest, and the devastating trolling that ensued from users of the 4Chan website, led to an Australian expert arguing the case for a censored internet.

And in the final week of MasterChef a complicated cake left Alvin beat, while celebrity chef Neil Perry said his comments slamming contestants were taken out of context.

FROM a child's foulmouthed rant to police protection and death threats - one US family is learning the hard way about the dangers of giving their 11-year-old daughter a computer.

Just three days after Jessi Slaughter posted a video of herself on YouTube, her home is being bombarded with deaths threats and her family has been placed under police protection.

All because last Thursday, Jessi woke up at midnight and decided to post a video on YouTube called "Haters... Piercing... StickyDrama =D".

Watch Haters... Piercing... StickyDrama =D here and note, despite the fact Jessi is just 11, the language is extremely graphic.

Jessi was angry that she'd been linked to a sexual relationship with Blood on the Dancefloor lead singer Dahvie Vanity at the tween gossip channel StickyDrama, and she let fly at those responsible for spreading the rumours.

In one of the safer-for-work messages to her "haters", Jessi claims she'll be "poppin' a glock in your mouth and makin' a brain slushie" and tells them all to "suck her nonexistent p...s".

"Suck it and get AIDS and die," she says.

Her response was not a YouTube hit by any measure, barely passing the 100,000 mark, but it was enough to attract the troublemakers on a website notorious for pranks, 4chan.

One 4chan troller - net users who specialise in baiting victims - decided to take up the cause of making life hell for Jessi and her family.

His first step was to pose as a police officer and ring her mother, Dianne, claiming that the man who was the target of her daughter's "brain slushie" threat had disappeared.

From there, as Jessi's internet fame spread, Anonymous and other users began posting her personal details on the net, including her phone number and home address.

They spammed her Facebook, Twitter and MySpace accounts and had pizzas sent to her house.

And then the trollers got their prize - 11-year-old Jessi Slaughter sobbing on YouTube and a her extremely net-unsavvy father's attempts to threaten the stalkers, much to their delight.

"You dun goofed up" immediately became YouTube's most popular post of the day, and introduced several choice terms such as "I've backtraced it" and "consequences will never be the same".

It's now pushing the two million views mark ... and Jessi Slaughter's family home is under siege.

Jessi herself is under a court order not to access the internet for at least three days.

There's a criminal investigation into the video of Anonymous pretending to be a policeman.

And sadly, it's not over yet for Jessi and her family.

Her mum has told Gawker about a "slew" of death threat phone calls to the family home.

"We've had may, many death threats," she told Gawker.

"We're afraid to leave the house. We're afraid to go to bed.

"I wan't my life back. I want my daughter's life back."

She claims she doesn't go on the computer and hasn't seen Jessi's original rant.

But it seem the family will face the consequences of their daughter's foul mouth for some time yet.

Today, "Jessi Slaughter given PCP by her father" is a trending topic on Google and all the popular social networks.

Needless to say, it looks like yet another hoax.

And finally, the trollers will be proud of their piece de resistance.

The latest internet rumour trending up the charts? "Jessi Slaughter has killed herself" - an "AP story" as seen on Tumblr and linking to a tired viral video of a Russian singer.


Dozens killed during 'mass panic' at Germany's Love Parade dance music event - reposted by andre di cioccio

A STAMPEDE inside a tunnel crowded with techno music fans left 17 people dead and 80 injured at the famed Love Parade festival in western Germany on Saturday.

Other revellers initially kept partying at the event in Duisburg, near Duesseldorf, unaware of the deadly panic that started when police tried to prevent thousands more from entering the already-jammed parade grounds.

Authorities were still trying to determine exactly what happened at the event, which drew hundreds of thousands of people, but the situation was "very chaotic", police commissioner Juergen Kieskemper said.

Emergency workers had trouble getting to the victims in the wide, 500-600 metre long tunnel that led to the grounds.

The area was a hectic scene, with bodies lying on the ground as rescue workers rushed to aid them. Many of the injured were loaded into Red Cross vans and driven away.

Mr Kieskemper said that just before the stampede occurred at about 5pm local time (1am AEST) police closed off the area where the parade was being held because it was already overcrowded.

They told revelers over loudspeakers to turn around and walk back in the other direction before the panic broke out, he said.

Eyewitness Udo Sandhoefer told n-tv television that even though no one else was being let in people still streamed into the tunnel, causing "a real mass panic".

"At some point the column (of people) got stuck, probably because everything was closed up front, and we saw that the first people were already lying on the ground," he said.

"Others climbed up the walls and tried somehow to get into the grounds from the side, and the people in the crowd that moved up simply ran over those who were lying on the ground."

Another witness, a young man who wasn't named, told n-tv the tunnel became so crowded that people began falling.

"It got tighter and tighter from minute to minute and at some point everyone just wanted out," he said.

"People were just pushed together until they fell over."

Duisburg city officials decided at a crisis meeting to let the parade go on to prevent more panic and another stampede, said city spokesman Frank Kopatschek.

It is the worst accident of its kind since nine people were crushed to death and 43 more were injured at a rock festival in Roskilde, Denmark, in 2000. That fatal accident occurred when a huge crowd pushed forward during a Pearl Jam gig.

The Love Parade was once an institution in Berlin, but has been held in the industrial Ruhr region of western Germany since 2007.

The original Berlin Love Parade grew from a 1989 peace demonstration into a huge outdoor celebration of club culture that drew about 1.5 million people at its peak in 1999.

But it suffered from financial problems and tensions with city officials in later years, and eventually moved.




Tony Abbott plans to block 130,000 people from migrating to Australia - reposted by andre di cioccio

THE Coalition will slash immigration by about 130,000 people - dramatically ending bipartisan population growth policy in Australia.

The cuts will focus on the family and student visa programs.

Opposition Leader Tony Abbott will announce the cut today ahead of Sunday's leaders' debate.

"A fair dinkum debate about population can't avoid immigration because that's what's driving the increase," Mr Abbott writes in today's Sunday Herald Sun.

Mr Abbott's controversial policy to slow the nation's population growth is likely to spark an emotion-charged immigration debate with Prime Minister Julia Gillard.

Population growth, which is now 2.1 per cent, would be reduced to 1.4 per cent, the average growth rate for the past 40 years, by the end of the next term of Parliament.

Opposition immigration spokesman Scott Morrison said this would involve cutting net overseas migration from almost 300,000 in 2008-09 to 170,000 in three years.

"Fuelling population growth today must not rob future generations of the quality of life and opportunities we enjoy in the future," Mr Morrison said.

"We believe Australians are looking for payment up front on infrastructure and services before they will support a higher population growth."

Mr Morrison said the Coalition believed that while Australia was a nation of migrant success stories, "these do not justify a population blank cheque for the future".

While the Coalition doesn't put a figure on it, this would put Australia on track for a population in 2050 of well below 36 million, which was the forecast of the third and most recent inter-generational report from Treasury.

The then prime minister, Kevin Rudd, supported the target along with the idea of a "Big Australia".

Mr Rudd later back-pedalled on that figure and one of Ms Gillard's first acts was to reject a "Big Australia".

Ms Gillard has said a population debate is not an immigration debate.

Mr Morrison disagreed, conceding the Coalition was breaking the bipartisan approach on immigration.

Australia has the highest population growth rate in the major economies of the developed world, and higher even than population heavyweights China and India.

So far this year, the country's population has increased by almost a quarter of a million people, to more than 22 million yesterday.





Glen McGrath to marry new love Sara Leonardi - reposted by andre di cioccio

SHE'S mended his broken heart and helped him recover from the grief of losing his wife and now she will be by his side forever.

Aussie cricketing great Glenn McGrath is engaged to his girlfriend of seven months, Sara Leonardi, 28.

The 40-year-old cricketer presented his Italian girlfriend with a beautiful diamond engagement ring last week.

"I can confirm that they're engaged, but that's about as much information as I can give you," McGrath's manager Warren Craig told the Sunday Herald Sun.

"They got engaged about a week ago.

"Glenn and Sara haven't spoken to any (magazines); there's been no story told or anything like that and they're not planning on speaking to anybody about the engagement."

Ms Leonardi didn't hide her engagement ring, which was sparkling on her wedding ring finger, as she walked with McGrath and his two children, James, 10, and Holly, 8, to a cafe near their Sydney home yesterday.

The family enjoyed lunch before visiting a bike shop in Cronulla.

The couple have enjoyed a whirlwind romance since announcing their relationship in January.

Ms Leonardi, an interior designer, met the former Australian cricketer at a party in Cape Town in April 2009, sparking a friendship, which blossomed into love later in the year.

McGrath, still raw from the death of his wife, Jane, in June 2008, said he hadn't believed he'd fall in love again.

But Ms Leonardi changed all that.

"After Jane passed away, I never thought that I could love another woman," McGrath said when his relationship with Sara became public.

"I was adamant about that. But I am in love with Sara, totally and completely and absolutely."

Since early in their relationship, McGrath had thought of Ms Leonardi as his future wife.

"I think marriage is definitely in our future," he said in an interview in February.

"I see Sara as my partner for the rest of my life ... I can't picture life without her."

The sports star was in South Africa while contracted to the Indian Premier League team, the Delhi Daredevils, when he met Ms Leonardi.

McGrath said their introduction was destiny.

"We were only there for a couple of nights and my teammate Paul Collingwood, the English one-day captain, knew a guy there who asked us to his house for drinks," he said.

"As it turned out, his girlfriend is a friend of Sara's and he asked her and a few girlfriends around for drinks, too. It was one of those situations where we weren't supposed to cross paths, but somehow we did."

It's been a bittersweet few weeks for the family, who marked the two-year anniversary of Jane's death last month.

Jane, who wed McGrath in 1999 and had two children to him, died on June 22, 2008, following a lengthy battle with breast cancer.

Ms Leonardi and McGrath have been regulars on the social scene since their first public appearance together in April at Royal Randwick's Doncaster Day in Sydney.

The couple were rumoured to have received about $200,000 this year after announcing their relationship in a magazine.

However, this time, his management says McGrath is keeping the details private.

No date has been set for the wedding, but insiders predict a short engagement.