By majority, the High Court has dismissed appeals from the New South Wales Court of Appeal, upholding a finding that, in respect of defamation liability, the appellant media companies are...
Sweeping proposed industrial relations reforms introduced by the Federal Government on 9 December 2020 could change the nature of work for Australia’s estimated 2.6 million casual workers.
The Federal Court of Australia has held that an offer to settle made pursuant to its Court rules may remain open, even after it has been expressly rejected or a counter-offer has been made. The...
On 10 November 2020, the Full Court of the Federal Court of Australia overturned orders made by Justice Lee which required the litigation funder to provide security for costs in two class actions...
Here's the wash-up: REST has settled an action brought by a fund member concerned that REST was failing to protect his retirement savings from the financial ravages of climate change.
Recent decisions show that the courts will go to significant lengths to adapt procedures to continue with trial and appellate hearings despite COVID-19 related disruptions.
On appeal from a preliminary question decided by Justice Rothman in Supreme Court of New South Wales defamation proceedings, the Court of Appeal has upheld the finding that media companies were...
The Court of Appeal has now in TFM Epping Land Pty Ltd v Decon Australia Pty Ltd [2020] NSWCA 93 clarified that a non-compliant supporting statement by a head contractor under s13(7) of the...
Navigating trade credit insurance policies.
There has been a substantial uptick in novel climate change litigation in Australia, particularly in the Federal Court of Australia and the Land and Environment Court of NSW.
Changes to Australia’s Uniform Defamation Laws will include a defence for scientific or academic peer review, providing greater comfort for academic publishing, but defamation risks for...
In its recent decision in the ongoing Solar Shop litigation, the Full Federal Court established two key principles which will have significant ongoing implications for the conduct of unfair...
First, on 29 November 2019, the Queensland floods class action judgement was delivered by Beech-Jones J in Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No...
The Myer continuous disclosure class action decision1 is a landmark: the first judgment in a securities class action in Australia, and the first case explicitly accepting “market-based causation...
The Supreme Court of Victoria’s recent decision in Pacific Dairies Limited v Orican Pty Ltd illustrates judicial unwillingness to interfere in shareholder disputes, even in cases involving...
In a decision of the Federal Court handed down on 18 October 2019 in Masters v Lombe (Liquidator); In the Matter of Babcock & Brown Limited (In Liquidation) [2019] FCA 1720, Foster J held that...
A recent decision of the Supreme Court of Queensland has highlighted the need to be vigilant when calculating pre-judgment interest, particularly in respect of long running litigation.
We have started to see the Federal Court use its discretionary powers in respect of class actions to order defendants to disclose their insurance policies to plaintiffs.
The recent Federal Court judgment Lucas v Zomay Holdings Pty Ltd is a reminder to all contracting parties that a preliminary agreement is immediately binding, even when you are expecting to enter...
With significant regulatory change coming into effect the spotlight is staying firmly on culture, ethics and regulatory compliance. An organisation’s social licence to operate remains a priority...
By a 4:3 majority, the High Court of Australia has upheld the Full Federal Court’s decision regarding the actions of a storekeeper who provided a “book-up” credit service to indigenous residents in...
On 17 May 2019, the Federal Court approved the scheme of arrangement between Angas and its Debenture Holders.
Our 2019 Half Year Dispute Resolution update details our significant case developments and wins, including our listing as a Band 1 Practice for Dispute Resolution in the Asia Pacific Legal 500 for...
The Queensland Court of Appeal last week upheld a decision that a demand for payment under an unconditional bank guarantee was invalid because it failed to state expressly that it had been signed...