The High Court has held that a contractor had a “prima facie entitlement” to recoup the costs of building an aircraft hangar in Cessnock, NSW, which it spent in reliance on the local government performing its obligations under their contract, in a case that clarifies how courts should assess reliance damages claims.
The High Court had been asked to clarify the extent of protection for employers for genuine redundancies under the Fair Work Act, after an appeals court found the exemption was “not absolute”.
The High Court has been asked to weigh in on whether a client needs to prove it could have exploited a lost commercial right in order to prevail in a law firm negligence case, after HWL Ebsworth successfully appealed a decision that found its bad advice over property in Parramatta’s ‘Auto Alley’ cost a client $2 million.
A County Court of Victoria judge has been found to have breached the standards of conduct generally expected of judicial officers in his handling of a rape trial, following a complaint by the state’s top prosecutor.
Federal Court Justice Anthony Besanko was praised as hard working, a “model of humility and generosity” and “masterful” during a farewell ceremony on Monday attended by a host of legal luminaries.
A recently appointed High Court judge has warned against state and federal courts competing to attract cases, expressing concerns the appearance of impartiality could be compromised if courts sought to “drum up business at the expense of defendants”.
A leading commercial barrister who represented ASIC in its first fees-for-no-service case stemming from the banking royal commission has been appointed a judge on the NSW Supreme Court.
The Full High Court will sit for the hearing of KPMG’s battle to transfer a Victoria class action to Sydney, as the applicant in the case raises a question as to the constitutional validity of the firm’s argument that the NSW Supreme Court is bound to keep a group costs order operative.
Charges accusing Victoria’s Department of Health of health and safety breaches during the state’s hotel quarantine program have been dropped on the eve of trial, after the state succeeded in excluding evidence submitted to an inquiry into the disastrous program.
The Environmental Defenders Office has lodged a complaint with ASIC on behalf of a member of UniSuper, accusing the Australian superannuation fund of greenwashing its products by mislabelling them as ‘sustainable’.