Barristers

A class action against Queensland and two hospitals on behalf of First Nations people alleging institutional racism must plead a comparator group by which their treatment is to be measured, a court has said.

The former CEO of the Australian Film Institute, who alleges he was ousted through a sham redundancy, has dropped his bid for reinstatement.

ASIC has lost its appeal of a failed bid to strike out of parts of mining magnate Clive Palmer’s claim that he was subject to an unlawful examination by the regulator, with a judge finding the pleading properly identified the ASIC officers involved. 

In the first climate change case to reach its doors, the High Court has been urged to reject Mach Energy’s “strict approach” to considering the local impacts of its Mount Pleasant coal mine extension under the Environmental Planning and Assessment Act.

Evidentiary disputes brewing in a $55 million defects case over the Port Botany Enfield Intermodal Logistics Centre will be closely managed by the court, which has heard that the costs could surpass the value of the claims. 

Former CFMEU Victorian secretary John Setka has reached an agreement with the Fair Work Ombudsman in proceedings alleging he tried to coerce the AFL to sack an umpire over his previous role at the Australian Building and Construction Commission.

Queensland developer Azure has partially won a security of payment spat, with a judge finding an adjudicator erred in finding it owes $1.7 million to a contractor for works on a luxury apartment building.

LG Australia has defeated an appeal of a decision which found it did not breach the duty of care owed to the owners of a refrigerator which caught fire, who were not provided with a replacement through a recall process.

As his brother delivers judgment in a high-profile case that will dominate the headlines on Thursday, once distinguished and in-demand silk Norman O'Bryan will be across the road in the County Court, facing sentencing for attempted fraud.

Zip Co will have to rebrand after losing a challenge to non-bank lender Firstmac’s ‘Zip’ trade mark, with the High Court finding the honest concurrent use is to be judged by the standards of “ordinary, decent people”, not a subjective “Robin Hood” test.