A recent High Court decision which found the federal government must compensate Indigenous people in the Northern Territory over past mining operations has significant implications for the government’s liability to pay up for historical acts affecting native title, but experts say the decision is unlikely to unleash a torrent of similar claims.
The Tax Office has asked the High Court to reverse a landmark ruling that found an unpaid present entitlement to a corporate beneficiary is not a loan under tax law, a decision that affects $50 billion in trust distributions.
Last week’s High Court ruling that a contingency fee order weighed against transferring a class action against KPMG shows the bench has changed in the five years since it held that the interests of justice aren’t concerned by whether a case can survive.
Vittoria Cantarella has taken the fight to revive its ‘Oro’ trade marks to the High Court, arguing the Full Court should have found it was an honest concurrent user of the marks, which were first used by another coffee maker.
A drawn out class action against BHP has asked the High Court to clarify the correct approach to construing a group member definition, after a bid to retroactively amend the class was nixed on appeal.
Russian company UC Rusal has lost a High Court leave bid after an “extremely harsh” finding that Rio Tinto was entitled to refuse alumina deliveries because of export sanctions.
A group costs order giving class action solicitors a percentage cut of the proceeds of a case is a factor in weighing whether proceedings should be transferred from Victoria to a state in which such an order could not operate, the High Court has ruled.
Are group costs orders a factor in deciding a bid to transfer a class action? Can the orders survive the move to an inhospitable state? These questions are to be decided by the High Court Wednesday, in a ruling that will clarify the relevance and reach of Victoria’s contingency fee regime.
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…
The Uniting Church has asked the High Court to weigh in after an appeals court found insurer Allianz was not on the hook for claims of abuse at exclusive Sydney private school Knox Grammar.