In a landmark ruling, the High Court has held the federal government must compensate Indigenous people in north-east Arnhem Land for mining operations, finding the government cannot escape its constitutional obligation to acquire property on ‘just terms’. The Commonwealth challenged a May 2023 Full Court decision finding it must compensate the Gumatj Clan or Estate…
A High Court majority has found self-represented law firms can recover costs for their solicitors’ work, but in dissent two judges said the ruling effectively restored an exception scrapped five years ago.
In a landmark ruling, the High Court has recognised the availability of damages for psychiatric injury caused by an employer’s negligent dismissal process, restoring a $1.4 million award to a former non-profit employee.
The High Court has ruled that NSW builders cannot point fingers at their subcontractors as concurrent wrongdoers for negligent construction defects under the Design and Building Practitioners Act.
The High Court has upheld appeals in class actions against Ford and Toyota over the calculation of damages for reduction in value of defective vehicles.
The High Court has rejected a liquidator’s appeal arguing that two NSW printing press companies’ joint right to sue could be pooled to pay off debts for the entire corporate group.
The High Court has rejected an appeal by Captain Cook College of a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, finding courts are not constrained by factors the consumer law says it “may consider” in deciding if conduct rises to the level of unconscionability.
The High Court has dismissed an appeal of a decision which found Indonesia’s national airline could avail itself of foreign state immunity to defeat a winding up application.
The High Court has found Victorian real estate agency Biggin & Scott did not authorise through “indifference” the theft of Campaigntrack’s source code by a software developer it hired to create a cloud-based real estate marketing platform.
The High Court has found a Whitsundays resort is not vicariously liable for the actions of an employee who urinated on his roommate in staff accommodation after a night of drinking, finding the act had “no real connection” to his employment.