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Class closure split to be resolved by High Court
Class Actions 2024-08-08 11:38 pm By Christine Caulfield

The High Court has agreed to step in to resolve division among Australia’s courts on the question of power to make orders that exclude unregistered group members from class action settlements.

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High Court to hear competition cop’s appeal in CFMEU boycott case
Competition & Consumer Protection 2024-08-08 11:51 pm By Christine Caulfield

The High Court has taken up the ACCC’s boycott case against builder J Hutchinson and the controversial construction union, an appeal that gives the court the chance to clarify the standard for proving an anti-competitive arrangement.

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High Court won’t hear promoter’s spat with Nine unit over One Direction tour
Entertainment 2024-08-12 11:17 pm By Cat Fredenburgh

The High Court has denied the special leave application of a Sydney concert promoter seeking a cut of the profits earned by Nine unit TEG Live for promoting a 2013 Australian tour with English-Irish boy band One Direction. In orders handed down on Thursday, the High Court declined promoter Mark Filby’s bid for review of…

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High Court says duty of care for economic loss can arise only if company assumes responsibility
Class Actions 2024-08-07 11:24 pm By Christine Caulfield

A class action has lost its appeal to the High Court in a case alleging Advanta Seeds owed damages to farmers for the economic loss resulting from its negligence in producing contaminated grain sorghum seed, with the justices clarifying that a duty of care may be established only if responsibility is assumed.

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Judge says colleague’s recusal decision in Sunshine Loans case ‘most unusual’
Appeals 2024-08-06 11:08 pm By Andy Sidler

The Full Court is set to weigh in on whether judges who make adverse findings on credibility during the liability phase of a hearing should recuse themselves from determining penalty, an issue which a judge has said may require a new court protocol.

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High Court appeal seeks total knockout of common fund orders
Appeals 2024-08-05 11:16 pm By Sam Matthews

The High Court has been asked to overturn a Full Court decision finding lawyers can take a cut from a class action settlement under a solicitors’ common fund order and to finally settle the question of whether the court has the power to issue common fund orders at all.

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Jailed advisor Roger Munro loses appeal after failed bid to withdraw plea
Financial Services 2024-07-31 11:42 pm By Andy Sidler

The Queensland Court of Appeal has knocked back a challenge by jailed investment guru Dr Roger Munro to his conviction on three counts of fraud, which landed him a four-and-a-half month prison sentence.

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Perth builder Hanssen loses ‘extraordinary’ appeal in $7.6M spat with strata company
Construction 2024-07-29 11:43 pm By Andy Sidler

An appeals court has knocked back builder Hanssen’s attempt to dodge a decade-old dispute over repairs to one of its residential buildings on constitutional grounds, saying the Perth company’s argument would precipitate an “extraordinary” result if accepted.

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Court grants win to ex-ANU student pursuing law degree, sets aside misconduct findings
Education 2024-07-29 11:28 pm By Andy Sidler

A judge has set aside a decision upholding misconduct findings against a former Australian National University PhD student, who was concerned the decision could affect his career prospects in the law.

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Former NSW premier Berejiklian loses challenge to ICAC’s ‘serious corrupt conduct’ finding
Public Corruption 2024-07-26 11:32 pm By Christine Caulfield

The former premier of NSW, Gladys Berejiklian, has failed in her bid to quash the state corruption watchdog’s finding that she engaged in serious corrupt conduct in awarding funds to the district of her politician boyfriend.

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