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High Court asked to take up class action against BHP for second time
Class Actions 2025-03-13 11:08 pm By Sam Matthews

A drawn out class action against BHP has asked the High Court to clarify the correct approach to construing a group member definition, after a bid to retroactively amend the class was nixed on appeal.

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Russian aluminium company can’t appeal win for Rio Tinto in High Court
High Court 2025-03-13 11:00 pm By Christine Caulfield

Russian company UC Rusal has lost a High Court leave bid after an “extremely harsh” finding that Rio Tinto was entitled to refuse alumina deliveries because of export sanctions.

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Contingency fees are relevant to class action transfer bids, High Court rules
Class Actions 2025-03-12 10:14 am By Christine Caulfield

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.

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High Court to rule on significance, and reach, of Victoria’s contingency fees
Class Actions 2025-03-11 11:00 pm By Christine Caulfield

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.

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Construction PRO
In landmark win for native title rights, High Court finds acquisition of property must be on ‘just terms’
High Court 2025-03-12 11:22 pm By Sam Matthews

In a landmark ruling, the High Court has held the federal government must compensate Indigenous people in north-east Arnhem Land for mining operations, finding the government cannot escape its constitutional obligation to acquire property on ‘just terms’. The Commonwealth challenged a May 2023 Full Court decision finding it must compensate the Gumatj Clan or Estate…

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High Court asked to hear coverage row over Knox Grammar abuse claims
Insurance 2025-03-11 2:07 pm By Cindy Cameronne

The Uniting Church has asked the High Court to weigh in after an appeals court found insurer Allianz was not on the hook for claims of abuse at exclusive Sydney private school Knox Grammar.

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Bayer can’t get High Court to hear Xarelto patent fight
Intellectual Property 2025-03-07 11:10 pm By Christine Caulfield

The High Court won’t hear Bayer’s appeal of an invalidity finding over patents for blood thinner Xarelto, despite the company’s claim the decision has “profound” consequences for drug R&D.

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4 ways the High Court could go on CFOs
Class Actions 2025-03-04 11:27 pm By Christine Caulfield

As the High Court hears oral arguments this week on the reach of power to make common fund orders for firms and funders bringing class actions, Lawyerly gives a cheat sheet on what the justices could do.

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Construction PRO
‘Unsound’: High Court arguments over historic St Kilda Rd property panned
Appeals 2025-03-04 11:24 pm By Cindy Cameronne

The valuer general has knocked arguments by developer WSTI Properties in a High Court dispute over a heritage property in Melbourne, saying the contentions are “unavailable and unsound”. 

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High Court asked to find India can’t dodge $111.3M arbitral award
Arbitration 2025-02-28 11:00 pm By Andy Sidler

The High Court has been asked to overturn a ruling that found India was immune from a suit seeking to enforce a $111.3 million arbitral award because it did not involve a ‘commercial’ matter.

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