Appeals

Seeking leave to challenge a decision that shaved $1.14 million from its costs in running a class action against Aveo, Levitt Robinson has argued the firm would have enjoyed a right of appeal if it had been joined to the case as it ought to have been.

Hospitality giant Mantle Group has asked the High Court to find a statement by a full bench of the Fair Work Commission accusing it of acting “extraordinarily and contumaciously” during a dispute about a ‘sham’ enterprise agreement gave rise to an appearance of bias.

The attorney-general of South Australia wants to intervene in a High Court appeal of a ruling that put Judge Salvatore Vasta on the hook for a man’s false imprisonment, saying the judge was not entitled to immunity but that police and correctional officers were.

An appeals court has found that a solicitor’s caveat over his bankrupt client’s property was valid, after the client agreed to mortgage his property as security for up to $100,000 in legal costs, saying it was the only binding costs agreement they had.

Game maker Light & Wonder is fighting orders requiring it to hand over information to Aristocrat Gaming for a possible suit alleging it and two former employees who jumped ship misused confidential information about Aristocrat’s popular Lightning Link and Dragon Link games.

A decision awarding carriage to Gilbert + Tobin in a class action against Jaguar Land Rover on the condition that it lower its funding rate lacked procedural fairness, the Full Court has found, prompting the firm to team up with its competitor to run the case. 

The University of Sydney has succeeded in a challenge to a finding that an academic was unfairly dismissed after posting to social media a controversial slide of a Nazi swastika superimposed on the Israeli flag, with a majority appeals court finding his union failed to prove the “incendiary” conduct accorded with the standards that entitled him to intellectual freedom.

An appeals court has dismissed an environmental advocacy group’s challenge to the extension of two Mach Energy and Whitehaven Coal mega coal mines in NSW, saying the current environmental laws are “ill-suited” to dealing with the global threat of climate change. 

The High Court has been asked to overturn a NSW Court of Appeal decision finding it had no power to exclude unregistered group members from a settlement, which conflicted with Federal Court precedent, hearing the divergence of the important issue “can only be resolved by the High Court”.

Activist organisations are seeking to challenge orders to hand up communications with the Environmental Defenders Office in its failed case against Santos over the $5.6 billion Barossa gas project, arguing there was no legitimate forensic purpose for the material sought.