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.
The trustee for Active Super has been ordered to pay a $10.5 million penalty for misleading members about its investments in gambling, oil tar sands and Russian companies.
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.
The Australian Securities and Investments Commission has taken Australia’s largest super fund to court over alleged delays in processing almost 7,000 death benefit claims, which the fund has blamed on COVID-19.