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Key decisions

  • Birketu Pty Ltd v Atanaskovic [2025] HCA 2
  • Minister for Immigration and Multicultural Affairs v MZAPC [2025] HCA 5
  • KMD v CEO (Department of Health NT) [2025] HCA 4

UNINCORPORATED LAW FIRM

In-house lawyer rule

In Birketu Pty Ltd v Atanaskovic [2025] HCA 2 (5 February 2025) (‘Birketu’), the High Court dismissed an appeal from the Court of Appeal of the NSW Supreme Court.

The High Court was required to resolve the position as to the right to recover legal costs of employed solicitors. This decision represents an important clarification of the law and overruled the Victorian Court of Appeal decision in United Petroleum Australia Pty Ltd v Herbert Smith Freehills [2020] VSCA 15 (‘United Petroleum’) (at [8]).

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