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Construction PRO
The High Court has ruled that NSW builders cannot point fingers at their subcontractors as concurrent wrongdoers for negligent construction defects under the Design and Building Practitioners Act.
The High Court has upheld appeals in class actions against Ford and Toyota over the calculation of damages for reduction in value of defective vehicles.
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.
Counsel for Worley in a nine-year-old shareholder class action that is set for another Full Court appeal has foreshadowed a possible recusal application against the judges who heard the first appeal.
The High Court has dismissed an appeal of a decision which found Indonesia's national airline could avail itself of foreign state immunity to defeat a winding up application.
A New South Wales developer's competition case against NSW Ports over a ports privatisation agreement looks bound for the High Court after a judge found a related ACCC proceeding did not bar it from bringing the case, which will challenge a Full Court finding that the ports operator was shielded by derivative Crown immunity.
The High Court has overturned a ruling that barred foreign passengers from a class action over the ill-fated Ruby Princess cruise in 2020, finding a class action waiver in the terms and conditions of their tickets was unenforceable under Australia's consumer laws.
The High Court has found Victorian real estate agency Biggin & Scott did not authorise through "indifference" the theft of Campaigntrack’s source code by a software developer it hired to create a cloud-based real estate marketing platform.
The High Court has refused to throw out a personal injury case over 55-year-old child sexual abuse claims, despite the death of the alleged perpetrator and most relevant witnesses, saying a permanent stay is a “measure of last resort”.