Ex-Vic police officer saves drowning woman

A former Victorian police officer has risked his life to rescue a woman struggling in rough surf. Source: AAP

A FORMER Victorian police officer risked his life to rescue a woman who was seen to be struggling in rough surf.

Matthew Paynter was at the Brighton Baths Health club in Melbourne's southeast on Saturday when he heard a woman was caught in waves about half a kilometre from shore.

He dived into the ocean and brought her safely to shallows where another man, Andrew Krzywniak, helped the pair out of the water.

Victoria Police said the conditions were "extremely rough", but Mr Paynter did not hesitate to rescue the woman.

Water Police Senior Constable Patrick Yeung said the situation would have ended tragically if had not been for the two men.

"These two men have risked their own lives to help a woman who needed assistance with no thought to their own safety," he said.

A 43-year-old Mount Waverley woman was taken to The Alfred hospital for treatment.

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Wilderness Society targets fossil fuels

An Australian environment group is shifting its focus to campaigning against fossil fuel mining. Source: AAP

THE Wilderness Society will shift its focus from protecting wildlife to campaigning against fossil fuel mining, saying fossil fuels are the greatest driver of climate change.

Australia's fossil fuel reserves make it one of the countries that can do the most to prevent catastrophic changes to the world's weather, Wilderness Society national director Lyndon Schneiders said as he announced the shift in focus on Saturday.

The group, which is Australia's largest environmental organisation, has vowed to fight to keep fossil fuels in the ground and out of the atmosphere.

Mr Schneiders said burning Australia's known fossil fuel reserves will take the world halfway to the two-degree tipping point of dangerous climate change.

"Australia's Climate Council says 80 per cent of our fossil fuel reserves must stay in the ground if we are to avoid dangerous climate change," he said.

"Australia will be one of the countries most effected by climate change and one of the countries that can do the most to stop catastrophic climate change. We must act."

The organisation has identified six deposits that contain "globally significant" amounts of fossil fuels.

These sites, Maules Creek and Pilliga forest in NSW, the Cooper Basin (SA and Queensland), the Canning Basin (WA), Arckaringa Basin (SA) and the Great Australian Bight, will become the focus of its multi-faceted campaign.

The Wilderness Society will launch litigation, market campaigns, community-based activism and non-violent direct action to prevent the mining of fossil fuels.

The new focus will begin with support for a community blockade against a proposed Whitehaven Maules Creek coal mine in NSW.

"This is just the beginning," Mr Schneiders said.

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Honduran candidate calls for protest

OPPOSITION candidate Xiomara Castro has announced that she won't recognise the result of Honduras' presidential election because of alleged voter fraud and called on her supporters to protest the win by the ruling party candidate.

Castro, whose husband Manuel Zelaya was ousted in a 2009 coup, told a news conference that she would demand a vote-by-vote recount of Sunday's balloting, which she described as "a disgusting monstrosity that has robbed me of the presidency."

Honduras' electoral court declared conservative Juan Orlando Hernandez the winner. The court says he received 36.5 per cent of the votes compared to 28.8 per cent for Castro, with 93 per cent of the votes counted. Six other candidates shared the remaining votes.

Claiming her campaign had found "innumerable examples" of voting irregularities, Castro said "we are not going to accept the results released by the Supreme Electoral Tribunal and we will not recognise the legitimacy of the government that is the product of this shameful assault."

Castro, 54, presented what she described as evidence of fraud and provided a document detailing alleged irregularities. She called on her supporters to hold massive and peaceful street protests against the result.

Castro led for months in the polls until Hernandez, 45, erased her lead by presenting himself as the law and order candidate in an impoverished country with the world's highest homicide rate and much of the cocaine travelling from South America to the US.

The European Union and the Organisation of American States observer missions have released reports calling Honduras' election process transparent despite some irregularities.

The electoral court has acknowledged that there were delays in the vote count because 20 per cent of the vote tallies from the polling stations couldn't be fed into the scanner and needed to be counted by hand. Former President Zelaya said Wednesday that the fraud occurred in that 20 per cent.

But Jose Antonio de Gabriel, deputy head of the European Union's team of election observers, said the irregular votes came from all over the country and not from areas that heavily favoured Castro.

The US State Department issued a statement after the election congratulating "the people of Honduras for their strong participation" in the vote.

"We note that Organisation of American States and European Union electoral observation mission reports reflect a transparent process," it said earlier in the week.

Castro's campaign was considered an attempt at a political comeback by Zelaya, whose ouster left Honduras politically unstable. Poverty and violence have worsened over the last four years under outgoing President Porfirio Lobo.

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$A loses 6 US cents in 6 weeks

THE Australian dollar has fallen for the sixth consecutive week as the greenback strengthens on expectations that the US Federal Reserve's economic stimulus measures.

At 1700 AEDT on Friday, the local unit was trading at 91.02 US cents, down from 91.23 cents on Thursday.

The currency has fallen steadily over the past six weeks, losing six US cents since October 25.

Recent interventionist comments by the central bank have kept a lid on the local currency.

St George trader Janu Chan said a weak performance on Asian markets on Friday and the blocked bid for Graincorp had kept the Australian dollar under pressure.

"It's a combination of those factors and then there's the ongoing uncertainty of quantitative easing in the US and when that will start to unwind," Ms Chan said.

A key business group has also questioned the surprise decision that ended Archer Daniels Midland's $3.4 billion offer for Australia's largest grains handler Graincorp, saying it risks undermining the government's own statement that "Australia is open for business".

Traders expect some volatility in the Australian dollar next week because of the large amount of economic data coming out locally and the US.

The highlights of next week's local economic diary are the Reserve Bank of Australia's interest rate decision on Tuesday and Wednesday's release of September quarter national accounts, which includes gross domestic product data.

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NBN cost higher than predicted: Switkowski

The government's delivery deadline for the NBN looks likely to be blown out, a leaked report shows. Source: AAP

COST blow-outs, ageing copper, lower revenue and demanding deadlines.

The national broadband network (NBN) has struck another hurdle, with NBN Co chief Ziggy Switkowski telling a Senate hearing on Friday the cost of connecting homes and businesses now looks "materially higher" than all previous predictions.

Days before NBN Co is due to finalise a strategic review into the nation's largest infrastructure project, Dr Switkowski said costs were "rising as we speak".

"Many of the cost elements that NBN made about the rollout, that date back six months to a year, are so far away from the experience that I wouldn't use them to draw any conclusions," he said.

"The actual costs versus what I've seen to be in plans, there's a big gap."

Dr Switkowski's comments cast doubts over figures provided to the committee this month by NBN Co chief financial officer Robin Payne.

Mr Payne said the cost of connecting customers to the NBN had risen from $1100-$1400 in the 2013 draft corporate plan to about $1500.

Labor Senator Stephen Conroy blamed Dr Switkowski's predictions of "substantially higher" costs on renegotiations with contractors.

"If you choose to pay more money to settle contract disputes from companies that have failed to deliver on their contracts, that's on your head," Senator Conroy said.

Dr Switkowski replied: "I accept that."

The Senate committee in Canberra also heard that on top of Dr Switkowski's $180,000 annual salary as NBN Co chairman, he was earning $50,000 a month as acting chief executive for three and a half to four days' work a week.

Earlier in the hearing Dr Switkowski admitted it would be "tough" to meet the federal government's 2016 delivery deadline for the NBN, saying the next calendar year would be one of "stabilisation and transition".

The coalition has promised to deliver broadband services of 25 megabits per second to all homes by 2016.

"The end of 2016 as a deadline is very, very demanding," he said.

Senator Conroy asked whether talk of "transition" meant a decision on switching to a fibre-to-the-node (FTTN), or street corner, model had been made.

Dr Switkowski replied it was "the most probable scenario".

"It will have a higher element of FTTN than the current plan," he added.

Dr Switkowski's deadline comments mirror those in a brief note given to the incoming government, published by Fairfax Media, which stated that the 2016 target might not be met due to construction and technical issues.

The document also cut revenue projections by up to 30 per cent by 2021.

That was backed up by comments to the Senate hearing by Department of Communications secretaries on Thursday, who admitted a move from the fibre-to-the-premises NBN model for the cheaper but much slower FTTN would result in lower revenue projections.

The hearing also heard on Thursday from the communications union, which predicted up to 80 per cent of the copper wire pits NBN Co was planning to buy off Telstra were in a condition so "disgraceful" they had to be patched together by plastic bags or ring-barked cables.

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Govt should prop up Qantas: Labor

Labor has slammed the government for its approach to a debate on foreign ownership of Qantas. Source: AAP

THE government should consider taking a small equity position in Qantas, the opposition says, after the airline called for urgent changes to foreign-ownership rules to stay competitive.

Treasurer Joe Hockey has called for a national debate on whether to loosen the airline's foreign-ownership rules.

However, Labor doesn't support changes to the Qantas sale act to allow foreign investors to hold more than 49 per cent of the airline.

"Qantas is an iconic Australian airline. Qantas must remain in majority Australian hands," opposition infrastructure and transport spokesman Anthony Albanese told reporters in Sydney on Friday.

"The government should consider measures such as perhaps taking a small equity position in the airline."

However, Mr Hockey said if Australians wanted to retain a national carrier with ownership restrictions, "there is a price that needs to be paid".

He would not comment on speculation that taxpayer money would be used to prop up the airline.

"I am not someone that is prepared to kick the can down the road on issues," he said. "If decisions need to be made, they will be made,"

Prime Minister Tony Abbott said while he had not seen a specific proposal on the future of Qantas, basic principles should be upheld.

"Qantas is a great Australian icon and the government wants to see a strong and continuing Qantas," Mr Abbott said.

"And what we want to see is a strong and competitive aviation sector here in Australia."

Shadow treasurer Chris Bowen said Mr Hockey acted irresponsibly by slating changes to foreign-ownership restrictions in Qantas.

"What's not appropriate is for the treasurer to float big ideas ... which are market sensitive, which saw the Qantas share price move, and it's quite irresponsible and frankly naive for him to do that," Mr Bowen told ABC Radio on Friday.

Qantas shares surged over five per cent on Thursday before ending at $1.22, 3.6 per cent higher than the opening price, after news broke of Mr Hockey comments.

Mr Bowen said launching a discussion paper or white paper would have been the more responsible approach to the issue.

Laws require there be a majority Australian shareholding in Qantas as part of a deal that gives the national carrier privileges including airspace priority.

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$1b-plus Qld flood class action

5000 flood victims are taking on Queensland to claw back more than $1bn lost in the 2011 disaster. Source: AAP

FLOOD-WEARY southeast Queenslanders had to first fight insurers, now they will take on the state to claw back more than $1 billion lost because of the 2011 disaster.

About 5000 people have registered to sue the state government, SunWater and Seqwater over claims too much water was released from Wivenhoe Dam at the peak of the floods to unnecessarily push up the Brisbane and Bremer rivers.

More than two years on, some residents are still picking up the pieces, including Jen Robusto, whose Kenmore home was inundated past the second floor.

Damage to her pool and carpet weren't covered by insurance and she's out of pocket up to $100,000.

"I'm still having drama," she told AAP.

"I haven't been holding my breath for this class action, because disappointment is worse."

Litigation funder IMF Australia and Maurice Blackburn will rely on commissioned modelling that reveals flooding caused by the negligent operation.

The modelling has given IMF the certainty it needed to commit the millions of dollars required for the claim, which will be filed early next year.

IMF Australia executive director John Walker told AAP that lawyers would argue that engineers should have released more water earlier to reduce the peak, and would question why the flood centre was shut between January 2 and 6.

"There was an ongoing flood event. Under the manual they were required to be operating from a flood centre," Mr Walker said.

"Basically the allegation (is) the engineers permitted the dam to get to a level they ought not to have and they should have commenced water through the gates before they did and at greater levels than they did."

Premier Campbell Newman would not say if the government would consider settling.

Instead he offered applicants a warning.

"I just say to them, I hope they have got a very clear deal with the legal firms involved and I'd hate to see any payout to them, if that ultimately happened, being gobbled up in legal fees."

The flood inquiry had found that the engineers - John Tibaldi, Rob Ayre and Terry Malone - had breached the dam manual and it referred them to the Crime and Misconduct Commission (CMC) to examine if they lied under oath and covered their tracks about which water release strategies they adopted.

After a five-month review, the CMC said in August 2012 there was no evidence the engineers colluded to mislead the floods inquiry about how the dam was managed before Brisbane and Ipswich flooded.

In line with the flood inquiry's recommendations, the CMC's probe was limited to documents the engineers prepared about their actions, and their oral testimony.

It did not look at whether their management of the dam's gates during the flood could amount to a criminal offence or official misconduct.

More than 78 per cent of Queensland was declared a disaster zone during the floods in December 2010 and January 2011, which affected more than 2.5 million people.

SunWater and Seqwater have been contacted by AAP for comment.

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Simon Gittany guilty of murdering fiancee

A Sydney judge is set to rule on whether Simon Gittany threw his fiancee off a balcony. Source: AAP

SIMON Gittany has been found guilty of murdering his fiancee, Lisa Cecilia Harnum, by throwing her off a high-rise Sydney apartment balcony.

Gittany, 40, stood stock still and his girlfriend Rachelle Louise started screaming as Justice Lucy McCallum handed down her verdict in the Supreme Court in Sydney on Wednesday.

Ms Louise yelled abuse at the judge, and was taken from the court in floods of tears.

Other family members stormed out of court and the judge briefly adjourned the verdict to restore calm.

Justice McCallum found Gittany was in a state of "uncontrollable rage" on the morning of Ms Harnum's death after he discovered she was leaving him.

"He maintained that rage and in that state, carried her to the balcony and unloaded her over the edge," Justice McCallum said.

In a verdict that took more than four hours to deliver, Justice McCallum gave a damning assessment of Gittany's character, finding he was "controlling, dominating and, at times, abusive" of Ms Harnum.

She found he lied "with telling ease" and distorted the truth when he took the stand in an attempt to discredit the woman he murdered.

"At many times in his evidence the accused struck me as being a person playing a role, telling a story which fit with the objective evidence but which did no more than that," Justice McCallum said.

"His account of what happened appeared to exist on borrowed detail.

"It lacked originality and the subtlety of actual experience."

Ms Harnum's family members smiled and embraced after the verdict was handed down.

In a judge-alone trial that gripped the public, the Crown alleged Gittany threw Ms Harnum off their 15th floor CBD apartment balcony on July 30, 2011 in a fit of "apoplectic" rage that she was planning to leave him.

Gittany maintained his innocence, saying Ms Harnum ran onto the balcony and disappeared over the edge as he desperately tried to reach her.

The trial heard allegations Gittany was brutal and controlling of his 30-year-old Canadian fiancee, subjecting her to the "most intense surveillance" imaginable.

Gittany installed CCTV in his apartment and used a computer program to monitor Ms Harnum's text messages, emails and internet usage.

He said he did so because she had a secret she refused to tell him.

Text messages showed Gittany was so jealous of other men, Ms Harnum had to look at the ground when she was outside, the court heard.

In the witness stand, Gittany admitted some of his behaviour towards Ms Harnum was controlling, but he emphatically and repeatedly denied he threw her off the balcony.

Sixty-nine seconds before her death, Gittany was captured on camera dragging Ms Harnum back into the apartment as she screamed "Help me, God help me".

But the defence claimed Ms Harnum, who suffered from bulimia, may have climbed over the balcony to escape Gittany, as a cry for attention or in a suicide bid.

Justice McCallum firmly rejected suggestions Ms Harnum was suicidal that morning or that she deliberately climbed over the balcony to escape Gittany.

"I have stood on that balcony," the judge said.

"I simply can't accept any person with a will to survive could have regarded it as an option for escape.

"Lisa Harnum may have been impulsive, maladaptive and over-sensitive. She may have been in a state of acute fear.

"... But I do not think she was deranged."

A tear-stained Ms Louise briefly emerged from court and asked the dozens of reporters surrounding her for a cigarette.

She refused to comment.

Waiting for Justice McCallum to return to the bench, Gittany's sister told him, "You didn't get a fair trial".

"I know," he replied.

An ambulance has arrived at the Supreme Court, believed to be for Gittany's mother, who was said by relatives to be "in a state" after the guilty verdict.

She was unable to return to court to say goodbye to her son as he was led away.

Gittany will face a sentence hearing in February.

Speaking outside court, an emotional Joan Harnum told reporters, "there are no winners in this case".

"Two families have had their lives dramatically changed forever," she said.

"We will always mourn the loss of our beautiful Lisa Cecilia and are working towards making her legacy a powerful wake-up call to young women.

"My daughter used to say people can ask for help but children and animals cannot.

"And now young women who are caught up in situations like my daughter found herself in need a voice as well."

Ms Harnum said her daughter's favourite saying was "families are forever".

"Please go home and hug your kids and hug your wife and husband and make it families forever for everyone," she said.

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Three critical after Vic tank accident

THREE people are fighting for their lives after being overcome by fumes while cleaning a tank at a Victorian dairy farm, with another seven who rushed to their aid also affected.

The three became ill as one man was using an ammonium cleaning agent to clean the tank, which contained stockfeed.

Others who went to help, along with two police officers and at least one paramedic, were also affected by the fumes at the Cloverlea property, near Warragul in the state's east.

Ambulance Victoria said the man cleaning with ammonium was the first to be overcome by a lack of oxygen.

"The chemical is not toxic, but it does replace the oxygen in the tank," Air Ambulance operations manager Paul Holman said.

"A number of other people have been overcome. They were all very sick ... in a low-oxygen environment."

The seven people injured while offering aid were taken to the Warragul hospital in serious but stable conditions.

Mr Holman said they suffered from nausea due to the smell of the chemical.

The trio in a critical condition were flown to Melbourne hospitals.

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Qld oppn gets even on CMC saga

QUEENSLAND'S opposition got mad, but now they've got even in a tussle with the government over the latest Crime and Misconduct Commission (CMC) saga.

Three members of the Parliamentary Crime and Misconduct Committee (PCMC) sacked by the state government last week have been reinstated by Opposition Leader Annastacia Palaszczuk.

Labor MPs Jackie Trad and Jo-Ann Miller and independent Peter Wellington had been accused of prejudging acting CMC chair Ken Levy.

An investigation was underway into whether Dr Levy misled the committee over contact he had with the government before penning an opinion piece in support of contentious anti-bikie laws.

Ms Palaszczuk says she's standing up to the Newman government's bullyboy tactics, and protecting one of the most important committees in the parliament.

"We will not be dictated to about who we put on that committee," she told reporters on Tuesday.

The government now has four of the seven MPs on the replacement committee, including chairman Steve Davies.

Ms Palaszczuk says she has no faith in Mr Davies as PCMC chair, considering his inexperience and past involvement with organised criminal gangs.

It's reported he had contact with a bikie gang Sergeant At Arms to discipline a gang member that he was in a dispute with.

Mr Davies told AAP that before he was an MP he'd worked at the biggest motorcycle dealer in Brisbane and had many contacts with bikies.

"We dealt with them all the time actually, of all different ilks - outlaw ones, Bandidos, Black Ulysses, you name it, there's no big deal," he told AAP.

"I've never had a BBQ with them or anything, I just worked in the motorcycle industry."

Premier Campbell Newman warned the public would judge the opposition harshly for the reappointments, but conceded he would not move to sack the committee again.

"This is a remarkable lack of leadership from the leader of the opposition," Mr Newman said.

"She's perfectly entitled to do that ... but she has reappointed people who participated in a tainted, corrupt process."

Independent MP Liz Cunningham, who chaired the former committee, said last week was traumatic and voters are now questioning the government's integrity.

"I believe we were sacked for indefensible reasons," she told AAP.

"The feedback I've got from the community is that it has undermined their credibility. It undermines the community's belief that they are a good and transparent government."

The PCMC's investigation into Dr Levy has now been passed to a new Select Ethics Committee.

He is facing questions after failing to disclose that he met with the government's top media adviser Lee Anderson to discuss the article before it was published.

Dr Levy has denied any wrongdoing and intends to stay in his role until a permanent new chief can be found.

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NSW eyes closing online GST loophole

THE NSW government is optimistic the states and territories will be able to convince the federal government to start taxing overseas online purchases under $1000.

NSW Treasurer Mike Baird and his counterparts will meet the federal treasurer in Canberra on Wednesday for the Standing Council on Federal Financial Relations.

Mr Baird said he was buoyed by Joe Hockey's "refreshing" approach to state-federal funding and revenue arrangements.

"It is clear that he wants to come alongside the states and help with the issues that matter," he told reporters on Tuesday.

Two key issues on the NSW agenda are applying the GST to online purchases, and Commonwealth funding of infrastructure projects such as WestConnex and the Pacific Highway upgrade.

Mr Baird said all Australia's treasurers and premiers were interested in closing the online GST-free loophole, which retailers say is increasingly robbing them of their livelihood.

"I have pushed for some time that we need to have a system that takes the existing tax system and brings it into the modern age," he said.

Prime Minister Tony Abbott's ambition to be known as an "infrastructure prime minister" could be helped along at Wednesday's meeting, the treasurer said.

"The federal government is looking for ways to support us, and we're very positive and very hopeful on the discussions we're going to have," Mr Baird said.

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WA police to shed experienced officers

ALMOST 200 police officers are set to quit the West Australian force under a voluntary severance scheme designed to put more police on the streets.

Police Minister Liza Harvey says the government had approved terms to release 196 highly experienced officers who are no longer fit for "front-line duties".

The severance payouts are set to cost about $37 million and will come from the police budget.

Ms Harvey says shipping the officers out will leave room and money to hire younger officers who can perform those duties.

"Many of these officers have served long careers in the police service but are no longer considered fit for front-line duties," Ms Harvey said on Tuesday.

"The state government thanks them for helping make our community a safer place to live."

The average age of the departing officers is 57, with their length of service in the force averaging 33 years.

Under the state government's Frontline 2020 review of the police, officers were allowed to access the severance package offered to all WA public servants earlier this year.

Under the state government's Public Sector Workforce Reform initiative, the government aims to slash 1200 jobs from across all agencies.

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Study gives hope to young heart patients

IT'S been a good 12 months for the Chamberlin family.

A year ago, young William had open heart surgery, which has enabled him to run around without turning blue.

Better still, the procedure is longer-lasting than doctors thought, and he is unlikely to need a heart transplant in his 20s, as had been predicted.

William, 6, was born with one heart chamber and had his first operation when he was just 38 hours old.

His latest operation, known as the Fontan procedure, took place last November, followed by a 54 day-hospital stay.

His parents are delighted with his progress.

He is in Year 1 and for the first time is able to run around with his mates.

"It has been fantastic," said his mother, Lisa Chamberlin.

And thanks to Australian research, the Chamberlins, who live in Western Sydney, are optimistic William will enjoy a long and fruitful life.

"The life expectancy has grown considerably compared with what we thought it would be," Mrs Chamberlin said.

"That's a great comfort to us.

"It gives us hope they will develop new techniques or new medications, and that William will be able to live a very long life and have a family of his own."

The Fontan Registry, which is described as the largest heart study of its kind in the world, shows patients are living decades longer than first expected.

"We have proved the vast majority of patients will survive longer than previously predicted," said Associate Professor Yves d'Udekem, a heart surgeon at the Murdoch Childrens Research Institute in Melbourne.

"It is likely a lot of these patients will see their fourth and even fifth decade without needing a transplant.

"This is good news for more than 1000 families across Australia who thought their children might die by the age of 25."

Prof d'Udekem said this is important because there are not enough donor hearts for Fontan patients in Australia and other countries.

The life expectancy after a heart transplant is also limited, he said, and there is a danger of serious complications.

More than 900 patients are taking part in the study at 16 centres in Australia and New Zealand, said Prof d'Udekem, who presented a paper a recent American Heart Association meeting.

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Bitter legal battle over man's ashes

A BITTER dispute between a mother and her dead son's partner over who should have custody of his ashes has had to be resolved by one of Western Australia's top judges.

In a case Justice John McKechnie said was about "hurt feelings, grief and bitterness", the ashes of 30-year-old Brent Slattery were fought over by his partner Emma McConnell and his mother Josette Milenkovic.

Mr Slattery died in May this year, leaving behind his fiancee and their infant son Kobe.

In the ruling released by the WA Supreme Court, Ms McConnell was said to have been too emotionally distraught to collect Mr Slattery's ashes at Fremantle Ceremony until five months after his funeral.

But in the meantime Mrs Milenkovic, fearing her son would not be given a suitable resting place, sought a court injunction last month that she be granted possession of her son's remains.

That sparked a month of increasingly bitter back-and-forth, with Mrs Milenkovic demanding her son's partner enter into a "deed of settlement", guaranteeing what would happen to Mr Slattery's ashes.

When Ms McConnell refused and then replied, via solicitors, outlining her plan to inter Mr Slattery's remains alongside coloured photographs mounted on a black granite base, with a plain bronze plaque.

Rather than resolving the feud, the offer inflamed it - with Mrs Milenkovic's lawyers flagging her intention to "contest Emma's right to deal with the ashes and seek the order ... they be released to her."

Justice McKechnie has now ruled the injunction sought by Mrs Milenkovic should be denied, and Mr Slattery's partner be free to inter his ashes.

"Sometimes it is necessary to strip out all the natural human emotions of grief, loss, bereavement, anger and pain, to focus only on the precise legal relationship between the parties," he wrote.

Under existing law, the judge said Ms McConnell as the de facto partner of the deceased immediately before his death ranks as first in order of priority, while Mrs Milenkovic ranks fourth.

"The injunctions are preventing Emma from her plan to inter Brent's ashes among the frangipanis and honour his memory," Justice McKechnie said.

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Albany hitman trial begins in WA

AN elderly businessman instructed a hitman to strangle a woman he hated then bury her in a 30 foot-deep hole dug by an excavator, a West Australian court has heard.

Brian Vincent Attwell, 73, is on trial in the Albany Courthouse charged with the rare offence of attempting to procure the commission of a crime.

In his opening address on Monday, state prosecutor James MacTaggart said the well-known local businessman was approached by a truck driver who said he desperately wanted work in the historic Great Southern town and had heard Attwell might be able to offer him employment.

Attwell agreed to meet the man, Mr MacTaggart said, but left him shocked after offering him $30,000 to kill a woman the AD Contractors managing director despised intensely.

"I've got $30,000 to pay you right now. I want her gone," Attwell allegedly said.

Alarmed, the truck driver told police, who launched an investigation and instructed him to call Attwell back, saying he knew "a bit of a nasty bastard" who would do it.

Attwell, who is wheelchair bound, was then called by a man named Josh, who agreed to fly to Albany from Perth to discuss the deal.

"Unbeknownst to the accused ... he was speaking to a police officer," Mr MacTaggart said.

Attwell then met Josh twice to discuss details and pay him a $10,000 down payment on the hit in two instalments.

He used foul names to describe his target, saying she had cost a family member $200,000 in a legal dispute.

"I just want her strangled, no blood," Attwell is claimed to have said.

But defence lawyer Tom Percy argued Attwell was simply exploring his options.

Mr Percy described his discussions with the truck driver and undercover officer as "bravado and puff, an attempt to express the depth of his frustration".

Attwell was prone to exaggeration and bluster on matters that he felt strongly about, Mr Percy said.

And he hadn't got to the point of giving the go-ahead. The undercover police officer had never been given a detailed description of the woman, her address or a time to kill her.

Instead, he'd provided "nebulous details", Mr Percy said.

It was no secret Attwell hated the woman, but was leaning towards having her followed, perhaps scared.

"At no stage was he actually committed to the prospect of causing her physical harm, let alone killing her," Mr Percy said.

"Nothing was ever concluded.

"There was a long way to go." The trial continues.

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Ice wine a first for WA

IN a first for Western Australia, a south-west winery has created its own version of Canadian ice wine.

Wilyabrup-based Fraser Gallop Estate converted many who had previously shunned dessert wines with its 2013 Ice Pressed Chardonnay at the Margaret River Gourmet Escape festival over the weekend.

The wine-making process involves freezing whole bunches of Chardonnay grapes, which allows only the most concentrated sugars to be pressed out.

The juice is then fermented with indigenous yeasts in French oak barrels, producing a wine that balances sweetness with a crisp acidity.

It was created by Clive Otto, who won the prestigious Decanter World Wine Award in 2009 for the best Bordeaux red blend, and the young Kate Morgan, who is winning praise for her own label "Ipso Facto".

It is believed ice wine was first made in Roman times, then in Germany in 1794 and in Canada in 1972.

It's a risky business, because the grapes might rot on the vine before the frost comes, while many hands are needed to pick the whole crop within a matter of hours - on short notice - when temperatures have plunged to just the right level.

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Second round of storms heads for southeast

NT residents are being urged to make final preparations as tropical Cyclone Alessia heads for the coast.

THE Weather Bureau has warned of another round of storms set to hit parts of the southeast over the next hour.

The warning is current for Brisbane City and parts of Logan City, Moreton Bay, Ipswich, Somerset and Redland City.

The storms were heading east of Mount Nebo about 3.50pm, and the bureau predicts they will hit Brisbane CBD, Enoggera Reservoir, Enoggera and Highvale by 4.20 pm and Cleveland, Tingalpa Reservoir, Ormiston and Camp Hill by 4.50 pm.

Damaging winds and large hailstones are likely.

A sever storm is also building near Kin Kin on the Sunshine Coast and areas between Gympie and Noosa, including Boreen Point, Lake Cootharaba and Lake Cooloola, have been warned they will likely be impacted.

The Gabba is hit by a quick but intense storm cell that produced small hail during day four of the first Ashes Test. Picture: Adam Head

A severe thunderstorm warning also remains in place for other areas, including Wide Bay and Burnett, parts of the Central Highlands and Coalfields, Capricornia, Darling Downs and Granite Belt and Southeast Coast districts.

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Earlier, storms hit Brisbane, with hail falling at the Gabba.

Hail at the Gabba as a storm hits day four of the first Ashes test. Picture: Jono Searle.

Places in the firing line are Brisbane, Logan, Ipswich, Somerset and the Redlands.

The Weather Bureau warns that storms have built up in the Lake Manchester area, west of Brisbane.

They are forecast to affect Wacol and Archerfield by 2.05 pm and Slacks Creek, Tingalpa Reservoir and Camp Hill by 2.35pm.

The Gabba is hit by a quick but intense storm cell that produced small hail during day four of the first Ashes Test. Picture: Adam Head

Damaging winds and large hailstones are likely.

Storms have stopped play at the Gabba about 2pm.

Residents in the Wide Bay and Burnett, southeast coast and parts of the Central Highlands and Coalfields, Capricornia, Maranoa and Warrego and Darling Downs and Granite Belt also should prepare.

At least one home has been destroyed by a tornado that whipped through northern NSW.

Places likely to see some activity include Maroochydore, Gympie, Kingaroy, Noosa and Biloela.

Earlier, The Courier-Mail reported sunny conditions are forecast for the first cricket Test at the Gabba on Monday while in the north graziers are bracing for storms and showers as the first cyclone of the season pushes moisture inland over the drought-hit Gulf of Carpentaria.

It follows a weekend of storms that started in the Maranoa and Warrego yesterday before sweeping southeast, roughing up the Inglewood, Warwick, Lockyer Valley, Laidley, Rosewood and Ipswich districts.

Large hail fell in the Tamborine area, south of Brisbane, on Sunday afternoon.

Weather Bureau forecaster Michael Knepp said there would be little chance of rain saving England at the Gabba.

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"Of course we still might get a storm or showers today,'' he said. "But after that, the whole week should be okay," he said.

This rainbow was captured at Narangba, following the first storm that swept through the southeast on Sunday.

"The next round of activity won't be until late Friday or Saturday when a trough comes through.

"There's very little chance of any interruptions with the cricket tomorrow.''

Mr Knepp said Cyclone Alessia was moving east towards Queensland at 20km/hr and - despite being a long way away - its moisture-laden winds were expected to bring showers and storms to the Gulf and northern parts.

Storms roll over Brisbane, as seen from Kangaroo Point Cliffs. Pic: Adam Smith

The cyclone was 100km off the coast at 9am and flood warnings had been issued for the NT.

The monsoon trough is expected to drift south through the week, allowing monsoon rain areas to extend from the Gulf Country to Queensland's east north coast and Tablelands.

It will see scattered showers and thunderstorms from the northern interior across to the central coast.

Storms roll over Brisbane, as seen from Kangaroo Point Cliffs. Pic: Adam Smith

Rollingstone just north of Townsville had 120mm overnight, the highest falls recorded in the state in the 24 hours to 9am.

"There have been falls of 50mm to 60mm around Normanton, Kowanyama had 28mm, Miranda Downs 30mm but it's likely there were heavier falls around that that,'' he said.

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Storms roll over Brisbane, as seen from Kangaroo Point Cliffs. Pic: Adam Smith

"We don't have a lot of rain gauges out there in the Gulf so we just don't know.

"How much we get up there is highly dependent on the movement of the tropical cyclone. If it moves towards the NT-Queensland border as a low, we could get quite a lot of rainfall.''

Some cumulative rainfall totals over the past week include Bowen 295.3mm, Georgetown 74mm, Richmond 44.8mm and Charters Towers 53.6mm.

Storm clouds north of Moonie, Western Darling Downs, Saturday afternoon. Pic: Jeff Higgins. Higgins Storm Chasing

Overnight in the southeast, Junction View, southeast of Toowoomba, had 69mm, Nanango 62mm, nearby Brooklands 72mm, Amberley 52mm, Churchill 55mm, Coolangatta 26mm, Currumbin Creek 42mm, North Stradbroke Island 37mm, O'Reilly's 36mm, Tallebudgera Creek Dam 41mm.

Goondiwindi had 31mm while in the north Mareeba had 79mm, Chillagoe 50mm, Ingham 58mm and Coen on Cape York 67mm. Falls around Brisbane were mostly in the teens.

By tomorrow, the monsoon trough should extend from the northwest, across the tropical interior and south to the Fraser Island area with showers and thunderstorms contracting to its north.

Top of Bunya Mountains looking west out over the Darling Downs. Things are really brewing up out here today! Picture courtesy: Jeff Higgins / Higgins Storm Chasing

A drier air mass should dominate to the south.

Last night, forecasters said the line of storms that barrelled through the southeast corner had started to weaken by 10.30pm and were likely to reach the Sunshine Coast by 1am.

"They have weakened over the past hour but we are still seeing some intense bursts of rainfall and the odd significant wind gust," said Bureau of Meteorology senior forecaster Brett Harrison.

Bowen certainly has copped some rain!! Thankfully tide was out bit still water is still through some houses and cars. Picture: Tash Edwards

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Early reports suggested one house was completely demolished and up to 30 other homes were reportedly damaged in the Rosewood and Pine Mountain area near Ipswich, although this could not be confirmed by emergency services.

"We have dodged three big storms lately, but we really copped it tonight,'' said Ipswich Mayor Paul Pisasale late on Saturday.

Bowen certainly has copped some rain!! Thankfully tide was out bit still water is still through some houses and cars. Picture: Tash Edwards

"One has collapsed completely and 25 to 30 have got damage at various degrees.

"No-one has been injured so far as we know.''

On Saturday night, the heaviest falls were recorded at Junction View, south of Gatton, with up to 62mm of rain dumped in just over an hour.

Bowen certainly has copped some rain!! Thankfully tide was out bit still water is still through some houses and cars. Picture: Tash Edwards

Wind gusts of up to 92km/h were recorded at Amberley at the height of the storm.

Golf ball-size hail was dropped near Inglewood, Ipswich and Warwick, but senior forecaster Brett Harrison said there had been no reports since 5.30pm Saturday.

Energex reported more than 5000 homes across the southeast were without power at around 10pm.

More showers and thunderstorms are expected to brew on Sunday, with the activity likely to be closer to the southeast coast.

Mr Harrison said November had certainly made up for a late start to the storm season.

"This time of year is when we expect there to be a large number of severe thunderstorms," he said.

"The main trigger is the upper trough."

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A severe thunderstorm warning had been issued at 10.58pm for damaging wind and heavy rainfall in the Sunshine Coast and Cherbourg Shire areas and for parts of the Gympie, Moreton Bay, Somerset, South Burnett and Toowoomba areas.

Damaging winds and heavy rainfall that may lead to flash flooding were likely, the Bureau of Meteorology warned.

The warning came after several thunderstorms rolled across southern Queensland throughout Saturday.

Residents reported seeing hail stones, lightning strikes, strong winds and heavy rain across the area.

By 9.15pm, the State Emergency Services had received 47 requests for help through the Rosewood, Hatton Vale, Marburg, Amberley, Ipswich and Brisbane CBD areas.

A spokeswoman said the requests related to structural damage to homes, fallen trees and general storm and flood damage.

"There was significant roof damage to houses in Lower Mt Walker, near Laidley," she said.

A 92 km/h wind gust was recorded at Amberley Airport at 7.45pm, an 87 km/h wind gust was recorded at Gold Coast Seaway at 8.30pm and a 79 km/h wind gust was recorded at Inner Beacon (Moreton Bay) at 8:55pm.

Wild weather also battered northern NSW on Saturday, with a twister destroying at least one home.

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- additional reporting by Kate McKenna

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PM urges Senate repeal vote before Xmas

PRIME Minister Tony Abbott is demanding the Senate votes on his carbon tax repeal bills before Christmas.

The move will hand him his first double dissolution election trigger.

The repeal package cleared its first hurdle the lower house last week but the real battle to axe the tax begins in the Senate in early December.

Labor and the Australian Greens have vowed to block the laws in the Senate, and they collectively hold the balance of power until the upper house changeover in July.

Mr Abbott released a video clip on Youtube, Facebook and Twitter on Sunday evening challenging the Senate to pass the repeal package.

"The House of Representatives has voted to scrap the carbon tax, now it's up to the Senate to do the same and I want this done by Christmas," he said.

He repeated the government claim that removing the carbon tax will save households $550 a year.

But the federal government has threatened a double dissolution election if Labor and the Greens stand in the way.

A second rejection of the bills before June 30 will give the government its full double-dissolution election trigger, to be used at its discretion.

Labor wants to terminate the $24.15 per tonne fixed carbon price but bring forward its conversion to an internationally-linked emissions trading scheme which could result in a price fall to $6.

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