High Court provides guidance on class action waiver clauses
Recent High Court decision has confirmed that a class action waiver clause in the Ruby Princess class action was an unfair term under the ACL.Snapshot…
Ministerial intervention applications and limits on executive power
Recent High Court decision examined whether there had been an unlawful exercise of the Minister’s personal liberty by departmental officials.Snapshot In Davis v Minister for…
Damages for breaches of statutory guarantees
Recent NSW Court of Appeal decision in Scenic Tours v Moore considers the damages awardable under the Australian Consumer Law for breaches of statutory guarantees.Snapshot The…
The Voice: A constitutional and administrative law perspective
As Australia prepares to vote on the Voice, University of Sydney Law School experts examine constitutional and administrative law issues raised in relation to the…
Phoenix rising: Update on illegal phoenixing legislation
Two recent cases have considered the illegal phoenix activity provisions enacted at the time of the Covid-19 pandemic.Snapshot The Treasury Laws Amendment (Combating Illegal Phoenixing)…
The curious case of the budgie war
Residents in retirement villages may challenge a village rule on the basis that the rule is unjust, unconscionable, harsh or oppressive.Snapshot The Strata Scheme Management…
Climate risks: Do lawyers owe a duty of care?
Lawyers owe clients a duty of care to advise on a range of risks and this duty may extend to climate risks.Snapshot By failing to…
Solicitors’ duties to remind clients
Recent Court of Appeal decision has confirmed that a solicitor is not obliged to repeat advice previously given to a client.Snapshot Recent Court of Appeal…
High Court: June 2023
Reporting and analysis of the latest key judgments from the High Court of Australia. BY DR MICHELLE SHARPEKey decisions Davis v Minister for Immigration, Citizenship,…
Federal Court: June 2023
Reporting and analysis of the latest key Federal Court judgments. By VINCCI CHAN and MICHAEL MORGAN.Key decisions Stolyar v Scott (Trustee) [2023] FCAFC 61 LPDT…
Family law: June 2023
Reporting and analysis of recent family law decisions. By CRAIG NICOL and KELEIGH ROBINSON Key decisions Goldsmith & Stinson (No 2) [2023] FedCFamC1A 25 Darmadi…