Stephen Donaghue

The High Court has rebuffed the CFMEU’s constitutional challenge to legislation used to facilitate its takeover by the federal government, rejecting an argument that the laws were enacted with the illegitimate aim of suppressing the union’s political activities.

The High Court has rebuffed the CFMEU’s constitutional challenge to legislation used to facilitate its takeover by the federal government, rejecting an argument that the laws amounted to an unjust acquisition of the union's property. 

A group costs order giving class action solicitors a percentage cut of the proceeds of a case is a factor in weighing whether proceedings should be transferred from Victoria to a state in which such an order could not operate, the High Court has ruled.

Are group costs orders a factor in deciding a bid to transfer a class action? Can the orders survive the move to an inhospitable state? These questions are to be decided by the High Court Wednesday, in a ruling that will clarify the relevance and reach of Victoria's contingency fee regime.

The High Court has overturned a controversial decision that put a judge on the hook for a man’s false imprisonment, finding that all judges are immune from civil suits for acts done in the performance of their judicial duties.

The High Court has found that requiring stateless refugees to wear ankle bracelets and comply with curfews to prevent future offending is unconstitutional. 

The High Court has rejected an appeal by Captain Cook College of a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, finding courts are not constrained by factors the consumer law says it "may consider" in deciding if conduct rises to the level of unconscionability.

The Commonwealth can be held criminally responsible for damage to First Nations sacred sites in the Northern Territory, the High Court has unanimously found in a case over construction damage to Gunlom Falls in Kakadu National Park.

A leading class action firm may seek compensation for those who were illegally detained after the High Court ruled that Australia's system of holding individuals indefinitely in immigration detention is unlawful.

The High Court has dismissed a constitutional appeal by Irish insurer Zurich, clearing the way for a class action over an allegedly defective New Zealand apartment block to proceed in the NSW Supreme Court.