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High Court to decide if NSW Forestry can be sued for breaching environmental laws
Environment 2024-09-09 11:42 pm By Sam Matthews

The High Court has agreed to hear NSW Forestry’s challenge to a decision that found it could be sued by an environmental group for allegedly breaching environmental laws, a case that raises questions about standing in civil enforcement proceedings.

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High Court to clarify scope of genuine redundancy exception to unfair dismissal laws
Employment 2024-09-05 11:04 pm By Christine Caulfield

The High Court has agreed to weigh in on the genuine redundancy exclusion under unfair dismissal laws, taking up an appeal of a Federal Court ruling that found employers must first consider redeployment.

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HWL Ebsworth defeats client’s bid for High Court review in negligence case
Professional Negligence 2024-09-05 11:49 pm By Cat Fredenburgh

The High Court has declined to grant special leave to a former HWL Ebsworth client seeking to revive a decision that found the law firm’s bad advice over property in Parramatta’s ‘Auto Alley’ cost it $2 million.

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Mantle Group’s claims about FWC’s ‘harsh’ comments fail to sway High Court
Employment 2024-09-05 11:22 pm By Cat Fredenburgh

Hospitality giant Mantle Group is stuck with a decision that found it systematically underpaid employees, after failing to convince the High Court that review was warranted because “harsh” comments made by the Fair Work Commission gave rise to the appearance of bias.

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CFMEU files High Court challenge to ‘unconstitutional’ administration
Employment 2024-09-03 4:32 pm By Sam Matthews

A leading industrial and employment firm has mounted a High Court challenge to the CFMEU administration on behalf of two of the union’s former leaders, who argue the legislation that facilitated the administration was unconstitutional. 

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Aristocrat gets another shot at Lightning Link patent after novel split High Court decision
Intellectual Property 2024-08-30 11:07 pm By Cindy Cameronne

A judge has allowed Aristocrat to appeal a judge’s rejection of its application to patent its Lightning Link poker machine, citing novel questions raised by an equally split High Court decision about the patentability of its invention.

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High Court asked to clarify importance of disclosure in patent applications
Intellectual Property 2024-08-21 11:02 pm By Sam Matthews

The High Court has been asked to weigh in on whether the Federal Court’s prevailing approach to the disclosure requirements of the Patents Act “imposes too great a burden” on patent applicants.

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High Court asked to weigh in on scope of whistleblower protections
Appeals 2024-08-16 11:33 pm By Sam Matthews

A former debt collector who accused the ATO of using heavy handed debt collection tactics against taxpayers has asked the High Court to overrule a decision that found he was not immune from prosecution. In a decision handed down in June, the South Australia Court of Appeal dismissed Richard Boyle’s second bid for immunity from…

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Judges not constrained by unconscionable conduct checklist, High Court finds
Competition & Consumer Protection 2024-08-14 11:56 pm By Cat Fredenburgh

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.

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High Court upholds court’s power to set aside arbitration ruling in $130M spat with Chevron
High Court 2024-08-14 10:42 pm By Sam Matthews

The High Court has rejected an appeal from a joint venture that provided work on Chevron’s Gorgon liquified natural gas project that argued the Western Australia appeals court lacked power to uphold a ruling that set aside an arbitration ruling in a $130 million dispute over the project.

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