Barristers

The High Court has issued a ruling that significantly alters the playing field in domestic commercial arbitration, finding that proportionate liability defences can apply despite limitations on claimants joining third parties to disputes.

The tax office has asked the High Court to overturn a decision which found that payments made by Asahi Breweries-owned Schweppes to PepsiCo under agreements to sell brands such as Pepsi and Mountain Dew in Australia were not subject to a royalty withholding tax. 

A judge has rejected Queensland’s bid to transfer two class actions over the removal of Indigenous children to its home turf from Victoria, saying removal was unnecessary in light of the court’s use of livestreaming technology and willingness to hold hearings in Brisbane.

Telstra has hit back at a senior barrister’s suit alleging it flags his emails to Bigpond addresses as spam and fails to send them, saying the problem has already been fixed. 

US-based Dana-Farber Cancer Institute has succeeded in patenting a patient-specific method for developing cancer vaccines using genome sequencing.

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.

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.

Senator Linda Reynolds has asked the court for leave to issue a subpoena to HWL Ebsworth’s chief executive partner for correspondence leading up to the Commonwealth’s $2.4 million settlement with Brittany Higgins over the government’s handling of her rape allegations. 

Senator Linda Reynolds has faced cross-examination over her messages with accused rapist Bruce Lehrmann’s senior counsel ahead of his criminal trial, with the court hearing the barrister told her “s**t is going to get real soon” and “karma comes to those who wait”. 

A judge appears reluctant to allow Element Zero to cross-examine an external lawyer hired by mining company Fortescue over alleged “egregious material non-disclosure” during Fortescue’s bid for “extreme and unorthodox” search orders against the green startup’s founders.