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High Court asked to clarify importance of disclosure in patent applications
Intellectual Property 2024-08-21 11:02 pm By Sam Matthews

The High Court has been asked to weigh in on whether the Federal Court’s prevailing approach to the disclosure requirements of the Patents Act “imposes too great a burden” on patent applicants.

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Insurers win another fight over COVID-19 business interruption claims
Insurance 2024-08-20 11:26 pm By Cindy Cameronne

Several insurers have won a dispute with two Melbourne businesses about whether an industrial special risks policy can cover losses suffered during COVID-19 lockdowns, with a judge finding the policy did not respond just because there were recorded cases in Melbourne. 

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New judge Richard McHugh happy to get out of way of ‘hungry new silks’
Courts 2024-08-20 11:49 pm By Cindy Cameronne

The NSW legal community has welcomed to the bench the newest Supreme Court judge, Richard McHugh, who reflected on his good fortune in a ceremony on Tuesday and vowed to try, at least, not to get grumpy.

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High Court asked to weigh in on scope of whistleblower protections
Appeals 2024-08-16 11:33 pm By Sam Matthews

A former debt collector who accused the ATO of using heavy handed debt collection tactics against taxpayers has asked the High Court to overrule a decision that found he was not immune from prosecution. In a decision handed down in June, the South Australia Court of Appeal dismissed Richard Boyle’s second bid for immunity from…

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NSW Supreme Court’s top judge goes on defensive as class action filings dry up
Class Actions 2024-08-15 11:36 pm By Christine Caulfield

The top judge of the NSW Supreme Court, which has seen a precipitous drop in class actions, has defended his court and taken shots at the Supreme Court of Victoria and the Federal Court for embracing contingency fees for class action lawyers.

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Judges don’t have to give ‘running commentary’ on oral submissions, court says
Courts 2024-08-15 11:02 pm By Sam Matthews

An appeals court has rejected oOh!media’s claim that it was denied procedural fairness in a dispute with Transport for NSW, saying judges are not required to give a “running commentary” on oral submissions and that counsel must be “constantly alert” when appearing in court.

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‘A matchless honour’: NSW Supreme Court judge Richard Button takes his bows
Business of Law 2024-08-15 12:55 pm By Sam Matthews

Retiring judge Richard Button has been farewelled by the NSW Supreme Court, praised for his distinguished career and “great sense of humour”.

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Judges not constrained by unconscionable conduct checklist, High Court finds
Competition & Consumer Protection 2024-08-14 11:56 pm By Cat Fredenburgh

The High Court has rejected an appeal by Captain Cook College of a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, finding courts are not constrained by factors the consumer law says it “may consider” in deciding if conduct rises to the level of unconscionability.

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High Court upholds court’s power to set aside arbitration ruling in $130M spat with Chevron
High Court 2024-08-14 10:42 pm By Sam Matthews

The High Court has rejected an appeal from a joint venture that provided work on Chevron’s Gorgon liquified natural gas project that argued the Western Australia appeals court lacked power to uphold a ruling that set aside an arbitration ruling in a $130 million dispute over the project.

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‘Alarmingly high’ number of judges at risk for PTSD, study says
Courts 2024-08-12 11:53 pm By Andy Sidler

A recent study has found that one-third of surveyed Australian judicial officers should be tested for PTSD, with alcohol ranking as a key coping strategy among stressed-out judges.

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