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Teens won’t take climate change class action to High Court
Environment 2022-04-12 3:21 pm By Miklos Bolza

An appeals court’s finding that the federal government does not owe a duty of care to Australian kids to protect them from the effects of climate change will stand after the lead applicants declined to take the matter to the High Court.

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No duty of care owed to kids by environment minister, Full Court rules
Environment 2022-03-15 10:45 am By Christine Caulfield

The Full Federal Court has overturned a historic judgment that found the federal minister for the environment owed a duty of care to Australians under 18 to protect them from ‘catastrophic’ harm caused by the approval of the Vickery coal mine expansion.

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High Court says ‘direct and far-reaching ramifications’ of contract gives outsider right to relief
High Court 2022-03-09 9:42 pm By Bianca Hrovat

The High Court has ruled that the “direct and far-reaching ramifications” of a contract between the federal government and Tasmania’s two major airports justifies an order for declaratory relief sought by local councils about the obligation of the airports’ operators to pay rates.

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Worldwide freezing orders not conditional on enforcement prospects, High Court says
Tax 2021-12-08 6:17 pm By Cindy Cameronne

The High Court has granted the ATO’s bid to impose a worldwide freezing order against Chinese property developer Changran Huang, saying the court’s power to freeze assets did not depend on whether there was a realistic possibility of enforcing a judgment in a foreign jurisdiction.

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Judges should have no say in coal mine approvals, Morrison government says in class action appeal
Climate change 2021-10-18 9:07 pm By Miklos Bolza

Approving coal mine projects is not the business of courts, the Morrison government has argued in its challenge to a landmark class action judgment that found it had a duty of care to protect Australian children from the effects of climate change.

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Clive Palmer loses High Court battle over right to sue WA for $30B
High Court 2021-10-13 6:29 pm By Miklos Bolza

Mining magnate Clive Palmer and two of his mining firms have lost a High Court challenge seeking to overturn a Western Australian law which prevented him from suing the state government for $30 billion over mining tenements in the Pilbara.

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High Court to weigh in on CFMEU’s serial offender status in assessing penalties
High Court 2021-05-21 10:52 pm By Cindy Cameronne

The High Court has granted special leave to the Australian Building and Construction Commissioner in a case dealing with how the CFMEU’s history as a serial offender should have been considered when assessing the penalty the union should face for breaches of the Fair Work Act.

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High Court rules refugees can sue government for negligence in Federal Court
Chief Justice Susan Kiefel 2020-12-02 5:50 pm By Spencer Fowler Steen

The High Court has ruled that refugees and asylum seekers can sue the government in Federal Court for allegedly breaching its duty of care by failing to provide them with proper medical care while detained in the government’s custody.

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Court asked to delay border closure hearing while WA expert helps Victoria fight COVID-19 outbreak
COVID-19 2020-07-08 8:29 pm By Christine Caulfield

A hearing on the validity of border closures by Western Australia and Queensland should be pushed off while WA’s expert responds to an urgent request by Victoria’s health authorities to help that state deal with its coronavirus outbreak, the Federal Court has been told.

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High Court quashes AFP warrant used to raid News Corp journalist’s home
Media 2020-04-15 8:06 pm By Christine Caulfield

The High Court has quashed a search warrant obtained by the Australian Federal Police and used to raid a News Corp journalist’s home, but did not go so far as to order the return or destruction of documents obtained in the raid.

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