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High Court to rule on significance, and reach, of Victoria’s contingency fees
Class Actions 2025-03-11 11:00 pm By Christine Caulfield

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.

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ASIC sues AustralianSuper over alleged death benefit claim delays
Superannuation 2025-03-12 1:46 pm By Julia Kanapathippillai

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.

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In landmark win for native title rights, High Court finds acquisition of property must be on ‘just terms’
High Court 2025-03-12 11:22 pm By Sam Matthews

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…

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High Court asked to hear coverage row over Knox Grammar abuse claims
Insurance 2025-03-11 2:07 pm By Cindy Cameronne

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.

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Bayer can’t get High Court to hear Xarelto patent fight
Intellectual Property 2025-03-07 11:10 pm By Christine Caulfield

The High Court won’t hear Bayer’s appeal of an invalidity finding over patents for blood thinner Xarelto, despite the company’s claim the decision has “profound” consequences for drug R&D.

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Constitutional law silk joins Federal Court bench
Courts 2025-03-07 2:19 pm By Cindy Cameronne

Constitutional and migration law silk Graeme Hill SC has been appointed as a new judge on the Federal Court. 

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‘Staggering’: Lawyers taken to task by court for excessive submissions
Courts 2025-03-06 10:58 pm By Andy Sidler

A judge has slammed lawyers for filing “staggering” volumes of documents in an interlocutory skirmish and racking up huge costs, warning the court may need to take “decisive action” to ensure compliance with the Civil Procedure Act.

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4 ways the High Court could go on CFOs
Class Actions 2025-03-04 11:27 pm By Christine Caulfield

As the High Court hears oral arguments this week on the reach of power to make common fund orders for firms and funders bringing class actions, Lawyerly gives a cheat sheet on what the justices could do.

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Silk who worked on Murray Darling royal commission elevated to Land and Environment Court
Courts 2025-03-05 11:24 pm By Andy Sidler

Accomplished environmental lawyer and author Richard Beasley SC has been appointed to the New South Wales’ Land and Environment Court. The court announced Wednesday that Beasley will be sworn in on 17 March after almost three decades as a practitioner.  NSW Attorney General Michael Daley said that Beasley’s vast experience in environmental law will serve…

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‘Unsound’: High Court arguments over historic St Kilda Rd property panned
Appeals 2025-03-04 11:24 pm By Cindy Cameronne

The valuer general has knocked arguments by developer WSTI Properties in a High Court dispute over a heritage property in Melbourne, saying the contentions are “unavailable and unsound”. 

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