Train breaks down on Sydney level crossing

A TRAIN has broken down at a level crossing blocking the main road through a northwestern Sydney suburb.

Drivers are being urged to avoid Garfield Road at Riverstone, which has been shut in both directions, the Transport Management Centre (TMC) says.

"Traffic is heavy in the area and there is no forecast as to when the road will be reopened," the TMC said.

People travelling on the Richmond branch of the T1 western train line are also warned to expect delays and allow extra travel time.

There are no reports of injuries.

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Probe into alleged attack by Qld cops

POLICE have launched an investigation after footage emerged showing a police officer allegedly punching a man in the face outside a Brisbane nightclub.

The footage, taken by a member of the public, shows three uniformed police officers speaking to a man down an alleyway outside The Beat nightclub on Ann St about 11.30pm (AEST) on Friday.

Bank employee Joe Ritson says he filmed the scene while waiting for a taxi.

"I had a feeling something was going to happen so I started filming it and like three seconds later one of the cops punched him in the face and I was like 'holy crap that is full on'," Mr Ritson told Ninemsn.

"They punched him, pushed him up against the wall and then started kicking him.

"The ute (in the video) kind of obscures it but you can see one of the them kneed him in the back."

Mr Ritson told Ninemsn he doesn't why the police officers had approached the man.

The footage was uploaded to Youtube, but has since been taken down.

A statement from Queensland Police said they were aware of the video and had launched an investigation.

The Ethical Standards Command has also been informed.

Brisbane Region Acting Assistant Commissioner Allan McCarthy said although police were looking into the incident it didn't necessarily mean the officers were at fault.

"This does not mean any allegations or complaints about the officers have been substantiated," he said in a statement.

"It is important not to pre-empt the outcome, however the circumstances will be investigated thoroughly to determine if the officers have acted in accordance with the high expectations of the Service."

Mr McCarthy said all officers are expected to act professionally and ethically in accordance with the service's high standards.

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Sydney wife killer jailed for 21 years

BEFORE stabbing his wife to death, Andrzej Giercyznski had humiliated her, abused her and treated her as a servant for his "exclusive use" for more than 28 years.

Now Giercyznski has been jailed for more than 21 years.

Giercyznski stabbed his wife Danuta 16 times in the head, neck and chest in their Chipping Norton kitchen in Sydney's west in October 2010.

The Polish couple's marriage had been marred by violence, Justice Christine Adamson said.

Tyrannical and "obsessed with his own sexual fulfillment", Giercyznski threw food at Danuta, blamed her if he lost at gambling and continuously accused her of cheating on him, despite having affairs himself.

"He regarded Danuta as a chattel and a servant for his exclusive use," Justice Adamson told the Supreme Court on Friday.

"The offender commandeered Danuta's income as well as her body. He not only used force to control her, but he also humiliated her to subjugate her."

Throughout Gierczynski's trial the jury was shown bizarre videos that had been recorded and secreted around the home by the former carpet cleaner.

In one recording Danuta is depicted coming towards him with two knives.

Justice Adamson found Giercyznski antagonised his wife in the recordings as a contingency for the day he would be charged with hurting her.

Justice Adamson said Danuta must have spent her last minutes in terror, pain, despair and anxiety for herself, and for the couple's disabled adult son Daniel, who was wounded in the stabbing.

"Although his level of planning was not substantial, the apprehension that she would die at his hands had hung over her for almost the entire length of their relationship."

The court heard Giercyznski had been imprisoned in Poland in the 1970s for beating his first wife and threatening to kill her.

The 61-year-old was found guilty in July of Danuta's murder, for which he was sentenced to a minimum of 21 years and four months and a maximum 28 years. For wounding Daniel, he was sentenced to a maximum of three years.

He will be eligible for parole in August 2032.

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Queensland Motorways to be auctioned

THE Queensland Investment Corporation (QIC) is to auction off road toll division Queensland Motorways.

Treasurer Tim Nicholls had said on Thursday there were no plans to sell the government-owned corporation.

Although the company will stay in public hands, QIC chief executive Damian Frawley announced on Friday it would auction its road toll division, believed to be worth more than $5 billion.

He said the decision had been made after extensive consultation with potential domestic and international investors.

"QIC will begin to call for indicative bids for 100 per cent of the equity in Queensland Motorways by the end of the year," he said.

"Indicative bids are expected to be due by the end of January."

Shortlisted bidders will then be asked to submit binding bids with a view to contractual close in April 2014.

Queensland Motorways manages bridges, infrastructure, and motorways including the Gateway, Gateway Extension and Logan motorways, Legacy Way, the Go Between Bridge and the CLEM7 tunnel.

Mr Frawley said any potential change in ownership would have no effect on existing tolls for the Gateway and Logan Motorways beyond the normal annual CPI increases.

QIC also manages money on behalf of numerous public and private sector pension funds.

Treasurer Tim Nicholls announced on Friday a shake up of the boards of a number of government-owned corporations earmarked for sale.

Don Luke was appointed QIC's new chair along with two new directors.

The Townsville Port also got a new director, Allan Pidgeon.

"The changes made to the boards of Queensland's GOCs will ensure the businesses are run effectively and efficiently with diligent regard to taxpayer funds," he said.

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Gay marriage lobby to pressure Abbott govt

The High Court of Australia has overturned the ACT's same-sex marriage laws. Source: AAP

THE honeymoon hadn't even begun for newlyweds Narell Majik and Ash Watson before the High Court of Australia declared their marriage constitutionally invalid.

The couple tied the knot in Canberra just a day before the court struck down the ACT's same-sex marriage laws in a brief but blunt judgment on Thursday.

"It does not feel any different to how it did before," Ms Watson said after the ruling.

It was a sentiment shared outside the court by many gay newlyweds, who shared the forecourt with a group of Christian activists singing songs and waving signs decrying same-sex unions.

The outcome was widely expected, but the disappointment was still palpable even as couples proudly showed off their rings and the marriage certificates obtained under ACT law.

The first legal gay marriage on Australian soil took place less than a week ago.

Western Australia state upper house MP Stephen Dawson, who married his partner in the early hours of Saturday in Canberra, said the court decision was disappointing.

"The fight for recognition goes on," he tweeted.

For others there is a silver lining.

In their unanimous ruling, the five High Court judges concluded that only federal law could determine what constitutes a legal marriage, state or territory parliaments can not.

Australian Marriage Equality national director Rodney Croome said this clarified for the first time that federal parliament had the power to enact the laws for gay marriage.

"That puts the ball firmly in the federal government's court and increases pressure in particular on (Prime Minister) Tony Abbott and the federal coalition to allow a conscience vote on marriage equality so this issue can move forward," he said.

Others disagreed, saying the court's ruling had effectively put the issue to rest.

Australian Christian Lobby managing director Lyle Shelton said there had been 10 attempts in the past three years at state and federal levels to legislate a new definition of marriage.

"I think it's been given a fair go. I think it's time to move on," he said.

Mr Shelton expressed concern for same-sex couples who thought they were married under the ACT law.

"Understandably they will be disappointed at the decision handed down today and it is unfortunate they were put in this position," he said.

Attorney-General George Brandis said the government was pleased with the decision.

It was important for people to respect the High Court's authority, he said.

"Even if the decision had gone the other way ... it's imperative that all members of parliament, irrespective of their personal opinions, uphold and respect ... decisions of the court," Senator Brandis said.

Shadow attorney-general Mark Dreyfus said the decision confirmed Labor's position that parliament was the appropriate place for debate on same-sex marriage.

"The prime minister needs to give his MPs a conscience vote on this issue so that the national parliament can decide," he said.

Mr Croome said it was too early to tell whether the High Court decision left room for the ACT government to legislate in a different form.

But for Canberra resident Ivan Hinton, who married his partner Chris Teoh this week, the setback in the High Court hadn't dampened his determination to see his union validated.

"We will achieve marriage equality," he said.

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Vic designer killed 'days before fire'

POLICE have accused a man of murdering Stuart Rattle five days before the well-known interior designer was found dead in his burned Melbourne unit.

Mr Rattle's body was found by firefighters at his South Yarra unit in the early hours of Monday morning.

Michael O'Neill, 47, who is believed to be Mr Rattle's partner, has been charged with his murder and briefly appeared in the Melbourne Magistrates Court on Thursday.

Documents tendered to the court allege O'Neill, also of South Yarra, killed Mr Rattle last Wednesday, December 4.

He was remanded in custody to appear again on June 5 next year.

Mr Rattle, 53, who also had a home in Daylesford, has been remembered as talented and generous man who created "value and beauty in society".

He was well-known in the Daylesford area for the beautiful English gardens of his 35-hectare property, Musk Farm.

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Paul Walker's body released to family

US actor Paul Walker will be buried at the Forest Lawn Memorial Park in the Hollywood Hills. Source: AAP

US actor Paul Walker will be buried at the Forest Lawn Memorial Park in the Hollywood Hills.

The Fast & Furious actor, 40, and his friend Roger Rodas, 38, died in a car accident on November 30 after leaving a charity event in Valencia, California.

Walker's body was released on Tuesday by the Los Angeles County coroner's office to Forest Lawn Mortuaries, reports the LA Times.

Ed Winter, assistant chief of the coroner's investigations, told the paper that the actor's remains were turned over to Forest Lawn, where many of Hollywood's most famous stars are buried.

Celebrity website E! reports Walker's friend and Fast & Furious co-star Tyrese Gibson is lending a helping hand with the funeral arrangements. The actor is said to have met with Walker's parents on December 1 to discuss how to best farewell the star.

Gibson spoke on Facebook about his heartbreak after his friend's death.

"My heart is hurting badly but in this darkness you used me as a light with my brothers family tonight ... Use me up father God I owe you," he wrote.

A family spokesperson has not yet confirmed when or where the funeral will take place.

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Police get fresh clues on NSW missing man

Police will search a home on the Central Coast where missing man Ronald Penn was last seen in 1995. Source: AAP

POLICE are preparing to search a Central Coast property where a missing NSW man was last seen in 1995.

Ronald Penn was last seen at a Bateau Bay house on October 12, 1995.

He was aged 61 at the time, and has not been seen or heard from since.

Officers will search the home on Wednesday.

In September, investigators searched bushland off Berkeley Road in Berkeley Vale, the location where Mr Penn's burnt-out car was found on October 27, 1995.

Detective Inspector David Waddell said the recent searches had been prompted by fresh information.

"Over recent months we have received some strong support and useful information from the community," he said.

"Yet we do believe there are a number of people out there who know what has happened to Mr Penn but are either afraid or unwilling to share that information with police."

Insp Waddell urged anyone who knows where he is to call police.

"Ron's poor family deserve to know what happened to him," he said. "After 17 years, they are desperate for closure."

Investigations have revealed Mr Penn, who would now be in his late '70s, had clothes and personal belongings with him when he vanished.

None of his bank accounts have been accessed.

Anyone with information can call Crime Stoppers anonymously on 1800 333 000.

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Fonterra units drop 2% on price hike tip

THE New Zealand sharemarket has retreated as a brokerage put a sell rating on Fonterra Shareholders' Fund ahead of what's expected to be a hike to its forecast milk payment.

The NZX 50 Index fell 11.8 points, or 0.3 per cent, to 4706.506 on Tuesday. Within the index, 25 stocks fell, 17 gained and eight were unchanged. Turnover was $133 million.

Fonterra dropped 2.1 per cent to $6.10.

Last month the dairy giant flagged a $157 million charge against inventory at its NZ Milk unit because of a squeeze between rising input costs, represented by the farmgate milk price, and prices for value-added products such as casein and cheese.

Craigs Investment Partners analyst Arie Dekker cut the units to sell, lowered his 12-month price target and reduced his forecast for 2014 earnings.

"The market in general doesn't really understand the relationship between the milk price and Fonterra's profit," said Greg Easton, an adviser at Craigs.

"Farmers just want a high milk price."

Air New Zealand ended the day down 0.6 per cent at $1.62 after the Auckland-based carrier said normalised earnings before tax are expected to increase about 20 per cent in the six months ending December 31.

Companies with exposure across the Tasman fell after the kiwi rose to fresh five-year highs against its Australian counterpart, reducing the value of revenue derived in Australia.

Fletcher Building, the biggest listed company on the exchange, fell 0.3 per cent to $8.82, outdoor equipment retailer Kathmandu dropped 2.9 per cent to $3.30, clothing chain Hallenstein Glasson dropped 1.7 per cent to $3.95 and jewellery chain Michael Hill International declined 1.4 per cent to $1.44.

Tower was unchanged at $1.66. After the close of trading the general insurer said it will return some $70 million in capital to shareholders in a one-for-five buyback at $1.81 apiece.

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Victorian firm wins SA design competition

A DESIGN featuring an art gallery, a new high school and with an emphasis on open space has won a competition for what will emerge on the site of the Royal Adelaide Hospital.

The site, in the centre of city, will be redeveloped after the new Royal Adelaide Hospital opens in 2016.

The winning design came from Victorian architecture firm Slash, the company taking out the $200,000 first prize.

It keeps many of the existing buildings and impressed the judges for embracing the history of the site.

Chief judge Shelley Penn said it also included a high degree of economic viability.

"Their proposal presented a sustainable proposition by minimising energy and waste," she said.

The $10,000 people's choice award was won by Slovakian firm Nice Architects which featured a grassed hill built from debris from the demolished buildings.

Planning Minister John Rau said the state government will now develop a master plan for the hospital site.

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Investors wipe out QBE by $4.2bn

QBE has flagged a $250 million loss and announced its chairman will leave the company. Source: AAP

INSURER QBE insists it can make its disastrous US business a success after taking a near $1 billion hit and watching its shares plunge.

The company, Australia's largest insurer by market cap, on Monday announced a series of writedowns and provisions on the various north American businesses acquired since 2006.

The group has flagged a $250 million net loss for calendar 2013.

Shocked investors reacted viciously, wiping more than $4 billion from the value of one of the ASX's 20 biggest companies, with QBE shares falling $3.45 or 22.3 per cent, to $12.

The company also announced chairman Belinda Hutchinson would leave in March, to be replaced by fellow director Marty Becker.

Chief executive John Neal described the company as fighting on three fronts in north America.

Most embarrassing was an investigation by actuaries that found QBE had underestimated its provisions in relation to accident insurance claims, which must be increased by $300 million.

Mr Neal conceded he was concerned about the time it had taken to receive the data that led to the large increase in provisions.

It has lost a large chunk of its mortgage insurance portfolio this year, when major client Bank of America substantially dumped its interests.

Finally, the worst drought in 50 years had exposed QBE to US revenue claims related to crop prices and yields.

QBE was heavily involved in acquisition activity in the years before Mr Neal's appointment last year, spending well above $US2 billion in the US alone.

The company will now continue to spend on the north American business, which Mr Neal said needs to be further restructured.

However it would trade profitably next year and outside the North American problems, QBE had met or exceeded margins this year, he said.

It had been a "benign" year for the company in terms of disasters and claims, which is good news for insurers.

"It is disappointing and frustrating that we continue to be hampered by past claims that have spoiled very good progress managing and improving the performances of this business worldwide," Mr Neal said in a teleconference.

However analysts pointed out to him that it was difficult to believe his forecasts of improvement when he had downgraded earnings guidance three times since taking over, with QBE having missed all its profit forecasts since 2009.

Morningstar equities analyst David Ellis described the news as a risk management failure that had damaged the group's reputation in the market's eyes.

Mr Ellis said the question was whether or not the North American remedial restructure announced on Monday was sufficient to clean all skeletons out of the cupboard.

"There are longer term positives: it can benefit from a recovery in US economic activity, higher long term US interest rates and US dollar, the Australian business is performing well," he said.

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Man and 15 birds die in Sydney unit fire

TWO pet parrots may owe their lives to their owner who apparently battled to save them before he died in a fire at his home in Sydney's southwest.

The body of the man, believed to be a 63-year-old, was found in the Greenacre unit after firefighters extinguished the blaze at about 7.30am (AEDT) on Monday.

Fifteen other birds kept by the man also died in the fire.

NSW Fire and Rescue Inspector Mick Wren told reporters on Monday the man appeared to have been an avid bird collector.

"He may have attempted to release the birds at the time, which may have contributed to the whole situation," he said.

Bankstown Police Inspector Scott McAlpine confirmed 15 birds died but two were saved and handed over to the RSPCA for care.

RSPCA NSW spokesman Lukas Picton said the two Indian ringneck parrots were doing ok.

"The two that survived, it looks like they may have been kept on the outside of the house," he told AAP.

"They will be nursed back to health."

The RSPCA will consider any claims from the dead man's family for the birds, or the pets will be put up for adoption once they have recovered.

Indian ringneck parrots are common pets in Australia.

The fire is thought to have started in a back bedroom of the unit.

Neighbours reported hearing an explosion before the blaze but police don't believe it was linked to a drug lab.

Asked about reports a cigarette may have started the blaze, Insp McAlpine said that was a possibility but investigations were continuing.

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Australia pledges more aid to Philippines

Foreign Minister Julie Bishop is pledging another 10 million dollars in aid to the Philippines. Source: AAP

FOREIGN Minister Julie Bishop has visited typhoon-devastated communities in the Philippines, pledging another $10 million to Australia's aid effort.

Ms Bishop on Sunday met the Australian medical team in Tacloban, one of the areas worst hit by Typhoon Haiyan, and Australian Defence Force personnel working in Ormoc and surrounding areas.

She thanked the health, defence, aid, consular and other officials who have responded to the crisis, and the Australian public who had donated more than $13 million to relief and recovery efforts.

The additional $10 million in humanitarian relief brings Australia's total contribution to $40 million.

Almost 15 million people have been affected by Typhoon Haiyan, which caused massive destruction early last month.

Ms Bishop will travel to Manila to meet her Filipino counterpart and other cabinet members, where the Philippines' recovery needs and broader bilateral and regional issues will be discussed.

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Send customs ship to stop whaling: Greens

The Abbott government is being pressed to honour its commitment to take action on Japanese whalers. Source: AAP

THE Abbott government is being pressured to honour its election commitment and send a customs vessel to Antarctica, as Japanese whalers set sail for the annual summer hunt.

Anti-whaling group Sea Shepherd claims the Nisshin Maru and the Sun Laurel are en route to the Southern Ocean and should arrive in the protected whaling sanctuary before the new year.

This is despite the International Court of Justice (ICJ) expected to rule soon on Australia's case against Japanese whaling, which began in The Hague in July.

Sea Shepherd and the Australian Greens are urging the federal government to come good on its pre-election promise to send a Customs vessel to the southern ocean to police the situation.

"The time for the Australian government to send a vessel is now," the activist group said in a statement.

Sea Shepherd said it had informed Environment Minister Greg Hunt that the whalers had set sail.

Mr Hunt this week said the government's "commitment to monitoring and observing remains undiminished", amid claims the government could walk away from its promise.

Greens senator Peter Whish-Wilson questioned why Australia's purpose-built Southern Ocean patrol vessel, the ACV Ocean Protector, was at Christmas Island instead of patrolling the whale sanctuary.

Mr Hunt had promised a vessel for Antarctica this season, not using the ice-rated ship as an "expensive water taxi" for the government's border protection policy, he added.

"The clock has been ticking for our whales in the Southern Ocean and, now that the Japanese poachers are reportedly heading south, time is up," Senator Whish-Wilson said in a statement."

"(Prime Minister) Tony Abbott must step in and uphold his government's commitment to immediately send an Australian Customs vessel to monitor illegal whaling activities and protect our sovereign waters."

Sea Shepherd has vowed to intercept the Japanese fleet before a single whale is killed, a warning that could prompt clashes similar to those on the high seas earlier this year.

The Nisshin Maru, Japan's main factory whaling vessel, made international headlines in February when it was involved in a dramatic collision with a Sea Shepherd ship.

Sea Shepherd claimed it was rammed, and that crew on the Nisshin Maru lobbed stun grenades at the stricken anti-whaling ship, allegations fiercely denied by the Japanese government.

Australia took court action after decades of diplomatic efforts failed to curb Japan's whaling program, and hopes a verdict will be handed down before the end of the year.

Japan insists its program is legal under a scientific provision of the international whaling convention.

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