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.
A Federal Court judge has criticised “inappropriate” class action reforms pushed by the government, saying the courts have done a āgood jobā of crafting solutions to deal with issues that arise in the class action regime.
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.
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.
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.
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.
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.
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.
Australia and the Netherlands have taken legal action against Russia over the 2014 downing of Malaysia Airlines Flight MH17, which killed 38 Australians.
Lloyd’s has scored a win in a COVID-19 business interruption case, with a judge ruling the insurer can rely on a conformity clause in its insurance contract with a Snap Fitness franchisee to deny coverage.