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Live.

Tonight - bank fee rebellion,

customers mount a massive class

action against the ANZ. Two

children hit by a train in

country Victoria, leaving one fighting for his fighting for his life. A lull

in fighting allows Gaddafi

loyalists to flee the dictator's hometown stronghold.

The Sea Eagles rock -

basks in grand final glory.

Good evening. Adrienne

Francis with ABC News. The

Federal Court has begun hearing

a massive class action that

will have profound implications

for the way Australia's banks

do business. 34,000 ANZ

customers have banded together

charges they claim are to

excessive. The court's

eventual decision is likely to

have ramifications outside the

banking sector as well. At the

Federal Court in tens of thousands of bank

customers are hoping to get

their own back. The ANZ is the

first bank being challenged for

what lawyers are calling

exorbitant penalties imposed on customers who, for instance,

are late paying off credit

cards or slip into over

draught. They're arguing that

the under the law the bank only has

the right to recoup its losses

and not make further profit.

The thrust of our case is that

the client can be charged a

reasonable sum that actually

reflects the cost to of dealing with these things. reflects the cost to the bank

It's pretty obvious how the

public recognise these fees.

The question now is how a court

categorise s these fees. And

that's central to the argument.

Lawyers are reaching back in

time to try to prove banks are only allowed to charge reasonable fees and not

case penalties. The lawyers in this

case are relying on centuries old English law to help them

define the relationship between

banks and their customers.

Some of the cases they were

citing happened decades before the First Fleet arrived in

Australia. But it's the future

that will concern all the other

banks. There are plans to take

a dozen more to court if this case

case succeeds, and there are possible ramifications outside the banking sector as well.

There are obvious implications

if we win on late fees for

other industries that have charged these things. Such as? Utility companies, for

example. An ANZ spokesman says

any fees it charges are for

services provided by the bank

and he says this is just the

first of a number of hearings

until which may not be fully resolved

until next year. Almost 200

Government, industry and community representatives are

gathering in Canberra for a

two-day talk on tax. The tax

forum in Parliament House will

float ideas for a new wave of

changes for business, workers

and people on welfare benefits. suggestions are welcome, but

cornerstones are the tax system, like the GST, are

offlimits. I said there are

some things we would do immediately, and we've done

them, 32-odd, over time. There

are some things we'd never do.

I've been through those today.

And I said there were a lot of

other things we could talk

about in the future. That's

what we're doing. Thanks. It

is now delivery time. You've

already had the Henry Tax Review, which cost $10 million

and ran for 12 months. You've

years. Now is the time to

deliver immediately. It's a

busy week for talks. The tax

gathering will be followed by a

forum about jobs on Thursday. A

3-year-old boy is fighting for

his life and a 4-year-old girl

is seriously injured after they

were struck by a train near Ballarat this morning. The

children were playing in a

paddock adjoining one of their

nearby homes when they ran on to

nearby railway tracks. The

accident has traumatised the

small community of Wallace,

east of Ballarat, as Sarah Farnsworth reports. It happened

in the blink of an eye. Police

say the children were playing

when they disappeared from

sight. It appears they escaped

their mother's watch for a few

minutes and the most

unfortunate thing has

happened. The 3-year-old boy

and his 4-year-old friend

wandered into the path of an oncoming train around 11.20

this morning. The paddock

backs on to the railway

embankment and wasn't fenced. trapped proved false, but Initial reports the boy was

distressed fanlly and friends

watched on as paramedics

treated the children. Train

an hour, oblivious to what had passengers waited for more than

unfolded. We didn't know what happened. We were just sitting on the train waiting and we

thought there was just a

hold-up. It wasn't a sudden

stop. It just stopped like it was waiting for something.

Walking up here, I asked the

Vline man what happened and he

said "We've hit a couple of

children." Wallace is a small country community and many of the volunteers the site knew the children and

families. It's a terrible

scene to attend. The members

who arrived initially were

involved in performing CPR and trying to save the life of the

young fella. The 3-year-old boy

suffered head, chest and abdominal injuries. He was rushed to the Royal Children's

Hospital in an induced coma.

The little girl suffered head

injuries and bruising, but

remained conscious. She's in a stable

stable condition. Fire crews

in Queensland have been working

of fires within containment

lines. One bushfire came

on the World Heritage-listed within 800 metres of a resort

Fraser Island. 50 guests had

to be moved to safer rooms and

one person suffered smoke

inhalation. Further north, a

winemaker in central Queensland

has lost his livelihood after a

grass fire tor through his

vinard. Dialled triple 0 and

got the firefighters to help.

They brought in the bombers. That was able to protect

house, which we're very That was able to protect the

the vineyard and all the other grateful

infrastructure, irrigation, dams, pumps. Conditions have

eased today, but authorities

are urging Queenslanders to be

prepared for what's expected to be a busy be a busy fire season. About 40 fires are still burning around the State. Thousands of

Libyans have fled the city of Sirte, one of Moammar Gaddafi's

last remaining strongholds. A

break in hostilities has

allowed civilians to escape the

growing humanitarian crisis.

ABC correspondent Anne Barker

reports. All roads lead out of

Sirte for hundreds of making their escape after weeks

trapped behind the frontline.

Carrying whatever and whoever

they could, they took advantage

of a brief seasfire civilians could flee. Today we've seen more than 1,000 vehicles leaving the place. So

that's more than before? that's more than before? More

- today, yes, much more. Many

didn't even have the fuel to go

anywhere and had to queue for

petrol rations on the way out.

Fuel, water, even food are now

in desperately short supply, as

the fighting in Sirte

don't understand what's going

on. There was constant bombing

and explosions around my house.

TRANSLATION: It was terrible.

No water, sewerage

streets, no hospitals to treat

my injured friend. Many of those leaving are Moammar Gaddafi's own supporters, fearful of

fearful of the consequences, as

the anti-Gaddafi fighters move

in. The ceasefire didn't last

long before fighters loyal to

the new Government again tried

to dis lodge loyalists. For those still

trapped in Sirte or too wounded

to leave, the situation is now increasingly grim. The

representatives of the civil

society in Sirte who society in Sirte who have

relayed the need for food

supplies to come in, baby food,

drinking water and hygiene items. It's a humanitarian

disaster likely to worsen, as the fighting continues. Six

months after Syria's bloody

uprising began, the country's opposition groups have formed united front against President

Bashar al-Assad. Meeting in

Turkey, Syrian activists agreed to come together under the

umbrella of the Syrian National

Council, unite ing anti-Assad

forces inside and outside the

country. The Opposition knows

it needs to provide a credible alternative leadership if it's

to overthrow President Assad. The development came after another deadly weekend in

Syria's ongoing uprising, which

has left over 2,500 people dead, according to UN estimates. Activists fear

women's rights will be bartered

away in peace talks in

Afghanistan. They say the

Afghan Government and the international international community must

safeguard women's fledgling

rights. Afghanistan

correspondent Sally Sara

reports from Kabul. This is

where time stands still for

some of Afghanistan's most

vulnerable women. Kabul's women's prison is home to

criminals, victims of injustice

and their children. 28-year-old Gul Jan children and is the third wife

of her husband. She was locked

up when he accused her of

trying to run away. Her 3

month old baby is imprisoned

with her. TRANSLATION: Yes, I hope hope my future will get better.

I don't want it to be bad. I've faced this problem by

mistake. What can I do? Aid

group Oxfam has released a

report warning that women's rights must not be sacrificed

in any political settlement in

Afghanistan. It says Afghan

women want peace, but not at

the expense of their hard-won gains. gains. It's absolutely vital,

because Afghan women and

Afghanistan needs more than

just empty promises. They need

those words to be translated

into action. Oxfam is urging Muslim clerics, the Afghan Government and the international community to

ensure that any peace deal

guarantees the rights of women.

It says many women live in fear

that if insurgents are given a

share of power, life will

become miserable again.

Afghanistan is still one of the most difficult and dangerous places in the world for women.

While some women have enjoyed the benefits of

health and education, many have

missed out. There are fears

that women's rights will be

traded away during the

transition in 2014. President

Hamid Karzai is abandoning

attempted peace talks with the

Taliban and instead negotiating

with neighbouring Pakistan.

The outcome of the process will

be crucial, especially for

millions of women and girls

across Afghanistan. Those who have little representation

have little representation in

the talks have much to lose if

it fails. The British Parliament calling a referendum on whether

the UK should leave the

European Union. The Europe vote could happen before

Christmas, after a petition

signed by more than 100,000 Euro sceptics was submitted to

MPs. Britain's Prime Minister

says he won't support a move to

leave the EU altogether, but he

does want its powers slashed. Europe correspondent Emma

Alberici. Last week the EU's

top administrator was asking for a more federal Europe,

closer political ties between

the 27 member Britain is having none of that.

But I've always made clear my

view that we've given too many

powers to Europe and there are

some powers I'd like back from

Europe. There may be future

opportunities to bring that

about. The House of Commons

will hold an historic debate to

decide whether the country

should hold a referendum on

leaving the EU. It will be the

first time parliament has held

a major vote on seeking the

public's view since the 1975 referendum confirming the

decision to join the market. But the Prime Minister

doesn't want to distract from

the more urgent problems in the more urgent problems in

Europe. Frankly, right now the

Eurozone is a threat not just to itself, but also a threat to

the British economy, but a

threat to the worldwide

economy. So we have to deal with this. 35,000 protesters

marched on Manchester, where

the Tories are holding their

annual conference. We're the

first generation, my generation

particularly, for decades

that's facing life worse than

our parents had it. If we

does her generation have? An

attack is being made on working

class people for an economic

crisis we haven't caused. The

message from inside the conference centre was clear -

this Government will not leave

the country's debt to the next generation. Filipino authorities are struggling to

evacuate tens of thousands of evacuate tens of thousands of

people after the second typhoon

in a week hit two provinces.

In Col um pit town people left homeless are wading through

somewhere dry. The village was

reeling from last week's

typhoon when the second deluge

boosted floodwaters. About 30

people are reported while at least three have been

killed in southern China, where

the first storm moved after the Philippines. The former South

Africa President Nelson Mandela

has returned to the place of

his birth, where he intends to

spend the rest of his days in

contemplation. Local people

have welcomed his return, but

as Ginny Stein reports, it's

also highlighted the challenge

s still facing. Out of sight,

but not out of mind. The people of Nelson Mandela's birthplace believe he's come

back for good. The back for good. The flag flying high outside his rural residence signals he's home.

According to our African

tradition, an old man or any

old person must come back home

and rest and wait for his last day. Not

day. Not far away, down a

winding dirt road at Mvezo, where he was born, a new museum

is being built. of the country time appears to

have stood still, but there's a

hunger for the area to rise out

of poverty. TRANSLATION: We

want the village to develop.

We want a better life for our

children, for them to find

jobs, to be able to to

work. The ucht ora that

accompanied the 1994 election

of Mr Mandela as the country's

first democratically elected

President has given way to

frustration and disappointment.

When the democracy took over

in 1994, there were a lot of people employed, but

date, 2011, there are multitudes of people that are

lacking employment. They live

on grants and pensions. The

drift to the cities continues,

despite the prospect of finding

a job remaining slim. There's recognition

recognition here of what Nelson Mandela has achieved for the

country, but the people of

Mthatha know they've been left

behind. In Mthatha, youth

unemployment is more than 80%.

The social problems that it breed are highly may have changed little here,

but people's desire for jobs,

education and a better life in

the new South Africa has not

diminished with each passing day. Too expensive and too frightening - they're the main

reasons millions of people

avoid the dent ist, according

to a new survey. The results

have alarmed health practitioners. Every two years a social research institute

asks thousands of Australians about

about their well year for the first time the

survey included dental health.

The results have revealed gig

gaps for people who need

treatment. It's about 1.9

million Australians can't

afford to go to

the moment. For those without a

pressing need to sit in pressing need to sit in the

dentist chair, the reluctance

to open wide is more extreme.

About 3.5 million Australians simply haven't gone for a

check-up in the last four years

primarily owing to cost. Low-income earners complained they could not

afford a consultation and 15%

of those with private health

of the extra fees above the

schedule. Dentists have warned

of long-term health problems.

We know that gum disease in

particular is associated with worsening of cardiovascular worsening of cardiovascular

disease, risk of stroke, rum

tide arthritis being worse, diabetes being worse. Prak

particularsers say it's no time for Government to be thinking

of winding back subsidised

dental care. The Howard government introduced the Chronic Disease Dental Scheme

allowing people to claim up to $4,000

a referral from their GP, but

the Health Minister, Nicola

Roxon, reaffirmed today there

are many reasons she wants it replaced. A

scheme which has been, we know,

abused by a number of dentists,

which has not been well

targeted, is not means tested

and put more money into the

public dental care. Some things

money can't buy. 6% of respondents say they avoid

going to the dentist because

the experience frightens them. Retail sales are in the

doldrums, but not when it comes

to shopping online. Consumers

are flocking to cyber stores, spending

spending $22 billion this year

alone. Big players like

Westfield are getting in on the

action, but experts are warning

that unless more retailers come on board, Australia on board, Australia will

continue to bleed money as more

and more sales head offshore. A

billion dollar complex isn't

enough. Even the glitziest

malls can't afford to lose

internet-savvy shoppers, so Westfield is the choice of buying in store

or online. So 50, 60, 70% or

more of shoppers are researching online before they go in to store We really believe there's a symbiotic nature between the

physical and digital. This year

Australians will spend about

$22 billion online. That

figure is tipped to sky rocket

by 2015. Some retailers within

that have extraordinary

stories. You talk to Aussie

farmers direct, they talk about

growing 400% in three years. Some are ditching bricks and mortar altogether. and mortar altogether. This

company is 11 times bigger than it was less than three years

ago. Martin Newman was the man

behind the online offerings of

big brands, including Harrods,

Speedo, Burr berry. He says

Australians are missing out.

You've got the like s shipping

more than a million pounds of fashion goods to Australian

retailers every single week.

That's 52 million pounds of

sales they're taking away

potentially that would be going to to local market retailers Martin Newman says Australia needs to stop thinking local and beat the competitors

competitors at their own game

by targeting markets in the UK.

The internet has removed the tyranny tyranny of distance and for

those at this retail and E

commerce expo, the message is

simple - add yapt or perish. To finance, and both

the local share market and the Australian dollar started the

month with big falls, following

on from heavy selling in New

York on Friday. Here's Alan

Kohler. Well, it was another grizzly day, grizzly day, the index fell

2.7%, making it 22% since 11

April. When you look at it,

it's been a very steep straight

line since that date. Nothing special happened on that day,

although it was around then that

that Portugal was downgraded

and had to ask for help. It

just became clear that the

bailout fund set up in February

wouldn't be enough and that

they were all getting nowhere

in Europe. The decline caused

by the Eurozone mess is not as

steep as the one caused by the

Wall Street mess in 2008, but the All Ords has halfway back to its lowest

point. Here are five stocks

that fell more than 4% today

and they're not small ones. Westpac, Macquarie, AMP, Orica

and Rio Tinto. Apart from AMP,

these stocks are now all on

price earnings ratios less than

8, reminiscent of the 1970s.

Here's what happened in Asia

today - solid falls everywhere.

Wall Street lost 2.5% on Friday

and there was talk then it was

all about the end of all about the end of quarter

selling. The fact it extended

into Asia today suggests that's not true. The Hong Kong market

slumped because of weak

economic data coming out of

China. Commodities are also

copping it, of course, although

gold is trading higher on the

spot market this afternoon and the Aussie dollar is down to

just above 96 US cents, well

over a cent lower than this

time on Friday. But the fact

that it's higher against the

Euro tells you what's going on.

Finally, a reminder while the

focus today is on Europe and

China, the US economy is not

too hot either. This is a

chart of housing vem. It

1945. There was a decent

execution back then. That's

finance A Canberra man's 60th birthday turned violent when

his son allegedly assaulted him

on the weekend. A taser was

used only for the second time.

used only for the second time.

34-year-old Anthony Gilkes appeared before the magistrate

charged with assaulting and injuring his father and

assaulting a police officer who

tried to intervene. said they tasered him because

they feared he might use a

broken plate as a weapon. 15

tasers were issued in August.

Before that they'd only Before that they'd only been used by used by specialist response

officers. Flashy jewellery on

the beach and the silverware

back in the cabinet - that's

how it is for the Manly Sea

Eagles today as they live it up

as kings of Rugby League for

the second time in four

seasons. The Sea Eagles held

off a late fightback from New

Zealand Warriors to win the

grand final by

24-10. Bleary-eyed, but full of

smile, the Sea Eagles, who

didn't celebrate too hard, were

at Manly Beach to show off their premiership rings and

feel the love. I used to hate

Manly, but I saw the light.

Everyone comes around in their

own time. For the second time

in four seasons, the NRL trophy

is back at Brookvale. Eagles

came through for us, never in

doubt. Des Hasler has four premierships, two as a player

and two as a coach. Little from other clubs. That's

definite I'm here in 12. Brett

Stewart soaked up the adulation after combining with his

halfback for the game's opening

try. Perfectly to Stewart from Cherry-Evans. Glenn Stewart's

clever kick in the final minute

of the first half was crucial.

From the next play, Daly

Cherry-Evans helped Manly take

a 10-point lead to the break.

Without being overconfident,

we always knew we had it in us. To deliver today was

awesome. Hopoate's skilful pass

show why him back at the ends of his

two-year Mormon mission. The

Warriors scored twice in six

minutes to breathe life into

the game. But nothing was

going to deny Manly an going to deny Manly an eighth

premiership. Glenn Stewart was

awarded the Clive Churchill

Medal for best on ground. He

and brother Brett appear to

have ended their feud with

League boss gave id Gallop.

Everything was back to where it was, moving on. The New

Zealand coach is moving on to Penrith. Looking forward to a new challenge. I'll definitely

miss these guys. The Warriors'

spirited performance has won

them plenty of new fans. For 12

months at least, the trophy

remains in Australian hands. Manly's stellar season has

been rewarded with more than

just the premiership. Five Sea

Eagles have been picked in the

national squad. Daly Cherry-Evans' remarkable year has earned him a Kangaroos

jersey. He and team-mate Tony

Williams are two of six Test debents in the four-nation

squad. To top off their happy

end to the year, end to the year, both Brett and

Glenn Stewart have been

selected. It's been quite a

while since brothers have

played for Australia, so if

they make the same team, it

will be quite an event. Darren

Lockyer has been cleared to

play and will captain the team.

The Canberra Raiders forward

David Shillington is also in

the squad. Australia plays a friendly against New Zealand in

heading to the UK for the Four

Nations at the end of the

month. The Wallabies will have

to get past South Africa and

probably the All Blacks probably the All Blacks to

reach the World Cup final.

Ireland did no favours for

Australia last night, securing

top spot in pool C with a big

win over Italy. The Wallabies now face a sudden-death

quarterfinal against world

champion Springboks on Sunday. Mark Douglas reports. One Mark Douglas reports. One of

Australia's wounded wallabies

is heading home. Being able to

experience it is one thing, to have it cut short disappointing. But reinforcements have arrived,

Flacker Matt Hodgson and winger Lachie Lachie turner flew into New Zealand this afternoon. I've

come here to try to add

everything I can. If that means getting means getting on the park, you

beauty. If it doesn't, it

means I'm holding pads, I'll do

that with everything I have

too. Several other injured

Wallabies including Digby Ioane

are expected to be fit for

Sunday's do or die battle with

South Africa. We have now four

coming back to us available for this week. New Zealand is coming to terms with its injury

crisis. Dan scarter may as

well have been speaking for the

entire country when he broke

his silence on a

tournament-ending groin injury. Pretty gut-wrenching and

really disappointing with

what's happened. I have to get

over that and continue to think

positively and try to help the

guys out in whatever way I can

. Ireland proved its upset win

over the Wallabies wasn't a

fluke with another impressive

display against Italy. Irish ripped the Irish ripped the Italians apart

in the second half to ensure

they avoided a difficult

quarterfinal clash with the

Springboks. Ireland's 36-6 win

has split the draw along the

equator. Four northern hemisphere sides will compete

for one finals berth, while Australia's one of four

Southern Hemisphere teams

striving for the other spot in

the final. Now with a look at

today's weather, here's Mark Carmody. Thanks, evening. Isn't it nice to have

a day off. It's even better

when you get a fine, sunny one with light south-westerly

winds. Perhaps it was a little

cool early for some, but with all that sunshine, we reached

17. It would have been more,

except the south-westerlies

were a tad cold. Currently

it's clear, the winds are quiet

Regionally today: and the temperature is 14.

Cloud is moving across WA and

the Territory, which will

eventually bring showers to

this part of Australia. Cloud

along the south coast is only

generating very patchy showers.

A high

extending a ridge over most of

NSW, so fine, sunny weather will continue around here,

while on the coast they'll get

more onshore winds. But west is a deepening low which

is expected to bring showers

here on Thursday. Nationally

tomorrow - Adelaide will those showers late in the day. tomorrow - Adelaide will get

Melbourne and Hobart will be

fine and sunny. Possible

showers in Sydney, mainly on

the coastal strip. Only 25 in

Alice Springs, along with showers, possible thunderstorms

and strong winds. Drizzle and

22 in Perth. tomorrow: For Canberra

tomorrow, perfect. Patches of light frost, then

little or no wind, 1-18. The

sun will get up at 6.35 and it

will set at 9 minutes past 7.

Some people think this flower

is a weed, but on a fine sunny

day you need a yellow flower

and so this Gerardista fits the

bill. Thank you, Mark. That's

the news for now. Coming up '7.30' examines the tax

proposals many economists like

but governments fear. Thanks

for your company. Good night.

Closed Captions by CSI

Welcome to 7.30. I'm Leigh

Sales. Tonight - what happens

when your job becomes too much

to bear. My wife might say how

was your day and I wouldn't

want to talk about it. The

Australian researchers gaining

new insights into trauma and

knowing that we weren't alone.

Australian brothers bringing And - twin peaks. The

home one of the world's

greatest orchestras. It's like

a dream come true. This Program Is Captioned

Live.

Those stories shortly but

first to taxing questions.

Tomorrow, a two day talkfest on

tax begins at Parliament House together industry leaders,

academics and the welfare

sector but there will be action

to match the talk. The

government's already ruled out

key reforms recommended by