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High Court grants special leave in Ford class action over PowerShift transmissions
High Court 2024-02-14 1:11 pm By Christine Caulfield

The High Court has granted special to leave to a class action against Ford over allegedly PowerShift transmissions, agreeing to hear the case alongside two appeals in a class action against Toyota that deal with how reduction in value damages should be calculated under the Australian Consumer Law.

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Arbitration clause sending shipping dispute to UK not void, High Court finds
Arbitration 2024-02-14 11:37 pm By Cat Fredenburgh

Adani subsidiary Carmichael Rail has lost its High Court challenge seeking to have a dispute over damaged steel rails heard in Australian Federal Court rather than by an arbitrator in London.

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Judge says settlement offers should operate as bulwark against costs in class actions
Class Actions 2024-02-09 10:10 pm By Cindy Cameronne

A judge has held that there could be favourable costs consequences for Carnival if its rejected $15 million settlement offer in the Ruby Princess class action turns out to be more generous than the ultimate damages award, departing from a previous ruling that so-called Calderbank offers do not operate in group proceedings. 

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High Court takes up judicial immunity question in case against Family Court judge
High Court 2024-02-08 4:49 pm By Christine Caulfield

The High Court has agreed to step in to hear an appeal of a ruling that put a Federal Circuit and Family Court judge on the hook for a man’s false imprisonment.

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New judge praised as ‘universally popular’, ‘one of the best’
Courts 2024-02-08 11:33 pm By Sam Matthews

The NSW Supreme Court has welcomed its newest judge, who was praised by his peers as “universally popular” for his warm personality and among the best tax silks in the country.

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Airbags class action against Volkswagen suffers High Court loss
Appeals 2024-02-08 10:28 pm By Cat Fredenburgh

The High Court has refused special leave in a failed class action against Volkswagen over allegedly defective Takata airbags.

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High Court won’t hear ex-Greenwoods partner’s appeal in Lendlease whistleblower case
Employment 2024-02-08 11:41 pm By Christine Caulfield

A former Greenwoods & Herbert Smith Freehills partner who alleges he was sacked for complaining about Lendlease’s “aggressive taxation position” has lost a bid to argue before the High Court that his claims are covered by new whistleblower protections.

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Two Victorian silks appointed Federal Court judges
Courts 2024-02-07 3:14 pm By Sam Matthews

The Federal Court has welcomed two Victorian senior barristers to the bench, including a silk who assisted in the Royal Commission into Crown’s Melbourne casino. 

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Influential judge remembered for ushering in ‘brutal’ case management rules
Courts 2024-02-06 3:44 pm By Cindy Cameronne

Practitioners have marked the passing of former NSW Supreme Court Justice Andrew Rogers KC, who will be remembered for transforming commercial litigation through his vigorous, often “brutal” approach to case management.

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Clive Palmer loses second bid to shut down criminal cases
White Collar 2024-02-06 11:05 pm By Cindy Cameronne

Mining magnate Clive Palmer has lost an appeal seeking to throw out two criminal cases over a takeover bid and payments to his political party, with an appeals court finding the challenge was an abuse of process.

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