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High Court grants Western Power special leave in bushfire class action
High Court 2022-03-22 2:17 pm By Miklos Bolza

The High Court will hear a challenge by Western Power to an appeals court judgment which found that the state-owned electricity supplier breached its duty of care to inspect power poles on private land and was partly liable for property damage from the 2014 Perth Hills bushfire.

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Torres Strait Islanders lay out duty of care claims in climate class action
Climate change 2022-03-21 2:10 pm By Miklos Bolza

The lead applicants in a class action by Torres Strait Islanders have detailed their argument for why the federal government has a duty of care to protect them from the effects of climate change, following a Full Court judgment that shot down the duty of care argument in a class action by Australian teenagers.

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Judge pans ‘inappropriate’ class action reforms, says courts have it covered
Class Actions 2022-03-18 5:36 pm By Cindy Cameronne

A Federal Court judge has criticised “inappropriate” class action reforms pushed by the government, saying the courts have done a “good job” of crafting solutions to deal with issues that arise in the class action regime.

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Australia second to US for climate-related litigation, report finds
Environment 2022-03-18 7:11 pm By Sam Matthews

Australia ranks second in the world for climate-related lawsuits, and the threat of climate litigation looms larger than ever for Australian companies across all sectors, a new report has found.

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Climate change appeal decision: End of the road for novel duty of care?
Expert Insights 2022-03-18 2:11 pm By Editor

The Full Federal Court was emphatic in its decision that the environment minister does not owe a duty of care to Australian children to shield them from climate change harm, but there is no doubt the law will be put to the test again soon, says Corrs Chambers Westgarth’s Louise Camenzuli, Julia Green and Max Newman.

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‘Dangerous nature of loan’ enough to find lenders acted unconscionably, High Court says
Financial Services 2022-03-17 10:01 pm By Miklos Bolza

The High Court has found that three asset-based lenders behaved unconscionably when they enforced thir rights under a $1.2 million loan made to a vulnerable consumer secured by a mortgage over his properties.

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Virgin scores High Court win in spat with Wells Fargo over leased engines
High Court 2022-03-16 7:23 pm By Miklos Bolza

US bank Wells Fargo and Florida-based aviation leasing company Willis Lease Finance will have to pay $500,000 for the relocation of leased aircraft engines to Virgin after losing a High Court bid to have the airline foot the bill.

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Judge to lawyers: I hate to break it to you, but I don’t want your emails
Courts 2022-03-15 2:13 pm By Christine Caulfield

A judge overseeing a joint class action against Freedom Foods and Deloitte wants to break a bad habit among litigators of attaching to affidavits reams of correspondence between solicitors, and she has a message for legal practitioners — the court is not interested in what lawyers say to each other.

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Facebook takes fight over Cambridge Analytica case to High Court
High Court 2022-03-14 2:17 pm By Miklos Bolza

Facebook has filed an application with the High Court seeking to overturn a judgment that found it can be sued in Australia for alleged privacy violations over the Cambridge Analytica scandal.

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Australia launches legal action against Russia over downing of MH17
Courts 2022-03-14 10:20 pm By Cat Fredenburgh

Australia and the Netherlands have taken legal action against Russia over the 2014 downing of Malaysia Airlines Flight MH17, which killed 38 Australians.

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