Appeals

A court has rejected Ben Roberts-Smith’s appeal of a decision that found he committed war crimes in Afghanistan, as well as the disgraced soldier’s bid to re-open the case in light of a secret recording of Nine journalist Nick McKenzie. 

A secret recording of Nine journalist Nick McKenzie speaking to a witness in the case may have been “doctored” and had to be “treated with caution,” the Full Court said Friday.

The New South Wales Supreme Court of Appeal has clarified that payment claims and adjudication notices sent via email can constitute service and trigger relevant limitation periods under the Security of Payment Act. 

Air Canada did not waive a defence allowing it to cap damages at $240,000 in a claim by several passengers over alleged spinal and psychological injuries caused by turbulence on a 2019 flight, the High Court has ruled. 

The High Court has rejected a special leave application by wealth guru Dominque Grubisa seeking to overturn a finding that she had actual knowledge that statements made by her company DG Institute to students who enrolled in her courses were misleading.

Aviation company Corporate Air Charter is taking its fight over pilot pay up to the High Court, after twice losing its argument that stand-by duty should not be remunerated.

The failure of two class actions to prove loss linked to the Commonwealth Bank's disclosure breaches was not the fault of the bank, an appeals court has held in dealing the latest blow to shareholder group proceedings. 

An appeals court has rejected Keybridge CEO Nick Bolton's challenge to a ruling that found that he and two other directors were validly removed at a board meeting, finding in favour of shareholder WAM Active. 

The High Court has been asked to weigh in on whether issue and Anshun estoppel apply to SOP Act claims, with a South Australian wind farm seeking to overturn a ruling ordering it to make a $21 million progress payment to joint venture partners GE Renewable Energy and Elecnor.

Two class actions against Commonwealth Bank have partially succeeded on appeal, with a finding that the bank breached its continuous disclosure obligations, but damages still elude shareholders.