High Court: March 2026
Precedent-setting rulings clarify the limits of Commonwealth acquisition powers and confirm statutory regimes can wholly exclude common law restitutionary claims.
By Tasman Ash Fleming - 1 min readPrecedent-setting rulings clarify the limits of Commonwealth acquisition powers and confirm statutory regimes can wholly exclude common law restitutionary claims.
By Tasman Ash Fleming - 1 min readJudicial scepticism, fractured reasoning and shifting tests marked 2025, leaving the implied freedom’s coherence and future direction in question.
By Dr Jemimah Roberts and Dr Shireen Morris - 1 min readNew High Court rulings clarify contractual waiver and abuse‑of‑process principles, and reaffirm the limits of the implied freedom in visa refusals.
By Tasman Ash Fleming - 1 min readBQ v The King demonstrates an expanding scope for counterintuitive evidence and clarifies how expert context guides juries without straying into vouching.
By Dr Ian Freckelton AO KC - 2 min readPrecedent-setting rulings on cultural heritage forfeiture and whether surveillance evidence legislation is unconstitutional.
By Tasman Ash Fleming - 1 min readLang v The Queen discusses how expert evidence must be transparent, reasoned and grounded in proven expertise—not mere assertion.
By Dr Ian Freckelton AO KC - 1 min readRulings on Crown land use, tribunal jurisdiction and electoral authorisation—refining statutory interpretation and constitutional boundaries.
By Tasman Ash Fleming - 1 min readThe FWC can now scrutinise business models, outsourcing and risk appetite when judging redeployment feasibility.
By Jack de Flamingh and Johanna Rusden - 2 min readPrecedent-setting cases on the grounds of criminal appeal and revocation of special leave to appeal to the High Court.
By Tasman Ash Fleming - 1 min readPrecedent-setting cases on how to value improved land and whether placing the CFMEU into administration burdened the freedom of political communication.
By Tasman Ash Fleming - 1 min readPrecedent-setting cases on when Victorian courts can set aside child abuse settlements and a controversial notice to class action members.
By Tasman Ash Fleming - 1 min readThe High Court has signalled some subtle shifts in the well-established principles of statutory interpretation. How will they impact your practice?
By Dr Jacinta Dharmananda - 1 min readPrecedent-setting cases on evidence in appeals, what constitutes having ‘the nature of an understanding’ and First Nations’ connection to land and water.
By Tasman Ash Fleming - 1 min read