Insights

Medicare takes Court action over “above market” rent

Medicare has commenced proceedings against a pathology provider for paying rents significantly above market rate.

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Contracting out of class actions? Federal Court says no in an Australian first

‘Class action waiver’ clauses are clauses under which a party waives their right to participate in a class action. Sometimes found in consumer agreements (particularly in the United States) such...

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Guidance on group costs orders for Victorian class actions

The first determination of an application seeking a ‘group costs order’ (GCO) was unsuccessful for the plaintiffs in two flex commission class actions in the Supreme Court of Victoria.

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Can boards hide their sensitive side?

A sensitivity analysis can be a useful tool for assessing the likelihood of meeting earnings forecasts. But are public companies bound to disclose that analysis to the market? The Full Court of the...

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The Voller Appeal: High Court confirms liability for third party Facebook comments

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...

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The Casuals Conundrum Resolved?

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.

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On second thoughts... Can a settlement offer be accepted even after it has been rejected?

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...

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Funders may not have to provide security for costs in employee underpayment class actions

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...

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Ground breaking climate change lawsuit settles on court house steps

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.

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COVID-19 and adjournment applications: balancing due process with flexibility and customisation

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.

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Your corporate Facebook page: liability for third-party comments confirmed

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...

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Does a non-compliant supporting statement invalidate a payment claim served in NSW?

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...

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Surviving the Curve: Creditors, Contracts and Trade Credit Insurance

Navigating trade credit insurance policies.

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Universities and defamation: a new defence clears some space in the defamation minefield

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...

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A warning and opportunity for liquidators pursuing unfair preference claims

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...

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Three game changers in 10 days in the class action space

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...

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Myer class action: another good news, bad news story?

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...

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“Just and equitable” winding up: a viable cure for creditor distress and shareholder oppression

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...

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The continued saga of the Babcock & Brown liquidation

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...

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Matters of interest – fixed or floating?

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.

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Class Action Update - Shifting Sands: Orders for defendants to produce insurance policies

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.

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A bitter pill to swallow: When an “Offer” is actually an agreement

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...

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Review 2019

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...

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Hobson’s Choice? Statutory unconscionability revisited in ASIC v Kobelt

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...

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Angas Securities scheme of arrangement approved

On 17 May 2019, the Federal Court approved the scheme of arrangement between Angas and its Debenture Holders.

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