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 readPrecedent-setting cases on group costs orders as a rationale for transferring proceedings, native title extinguishment and unlawful detention.
By Tasman Ash Fleming - 1 min readPrecedent-setting cases on the in-house lawyer rule, injunctions by unlawful non-citizens and NSCOs for the not guilty by mental impairment.
By Tasman Ash Fleming - 1 min readAn expert analysis of the High Court decision which is relevant to the wider conversation about the appropriate accountability of federal court judges.
By Professor Gabrielle Appleby - 2 min readA divided High Court has handed down a controversial decision that touches on fundamental principles in trust law and creates practical issues.
By Matthew Whittle, Matthew McCarthy and Harrison Main - 2 min readThe question of whether law firms can recover costs for employed solicitors representing them has been settled, but several new questions abound.
By Matthew Lo and Sora Beebar - 2 min readCommonwealth v Yunupingu has exploded native title doctrine. Understand the context and reasoning behind the watershed decision.
By Tony Denholder and William Simons - 2 min readPrecedent-setting cases on fiduciary duties for successor trustees, equitable estoppel and judicial immunity.
By Tasman Ash Fleming - 1 min readPrecedent-setting cases on the constitutional concept of punishment and the nature of property in the context of pooling orders for wound up entities. By TASMAN…
By Tasman Ash Fleming - 1 min readPrecedent-setting cases on the Federal Court’s appellate jurisdiction and ‘quotable purposes’ for luxury car tax applicability. By TASMAN ASH FLEMING.
By Tasman Ash Fleming - 1 min readPrecedent-setting cases on churches’ vicarious liability for their priests in child abuse cases and legal incapacity. By VINCENT BARRY.
By Vincent Barry - 8 min read