Commercial Disputes AU
-
November 09, 2026
Rapid Legal Loses Bid To Block Qld Claim Farming Probe
The Queensland Court of Appeal has unanimously dismissed an appeal by Rapid Legal Solutions and its principal solicitor John Windridge, allowing an investigation into suspected "claim farming" to continue without deciding whether the challenged provisions were constitutional.
-
November 09, 2026
Gageler Says Dixon's Constitutional Account 'Upside Down'
Australia's chief justice said the Australia Act 1986 exposed the account of Owen Dixon of the country's constitutional foundations as "upside down," arguing that the common law draws its authority from the Constitution and must develop within its limits.
-
November 09, 2026
Class Tells High Court NULIS Decision Overplayed Fee Labels
Class action lawyers have told the High Court of Australia that appeal judges placed too much weight on how product disclosure statements labelled fees when ruling that a superannuation trust deed authorised those charges.
-
November 09, 2026
High Court Opens Full Court Hearings To Livestreaming
The High Court of Australia said Monday it will livestream Full Court oral hearings and judgments conducted in Canberra from February 2027.
-
November 09, 2026
Goodman, Digital Realty Take 9.9% NEXTDC Stake Amid Raid
Data center investors Goodman Group and Digital Realty have acquired a 9.9% stake in local operator NEXTDC via a jointly owned investment vehicle, the businesses told the Australian Securities Exchange on Monday, adding they have no intention of making a takeover offer.
-
November 06, 2026
Late Disclosure In Jetstar Class Action 'Prejudicial' To Claims
Former Jetstar customers argued on Friday that giving the budget airline until 2027 to disclose key documents would be "highly prejudicial" to their class action case, the Federal Court of Australia has heard.
-
November 06, 2026
Court Backs 'Magnanimous' Receivers Fee Claim
The Federal Court of Australia has approved more than $266,000 in remuneration for receivers of a property trust linked to a scam social media property investment scheme, exhausting the available funds and leaving investors with no return, but refused to release the receivers from liability despite the work being largely complete. Justice Derrington accepted the fees as fair and reasonable, but failed to releasing them from liability as nresolved proceedings concerning a creditor's claimed equitable interest in the property prevented a release. The receivers also failed to provide evidence addressing other potential claims. Notifying creditors and receiving no objections did not overcome those deficiencies in their evidence.
-
November 06, 2026
Sunshine Loans Hit With $5.5M Penalty Over Unlawful Fees
The Federal Court of Australia ordered Sunshine Loans on Friday to pay $5.5 million in civil penalties and ASIC's legal costs over unlawful $35 loan amendment fees, more than two years after the lender's liability was determined.
-
November 06, 2026
Citigold Derivative Claim Tossed Over Indirect Shareholding
The Federal Court of Australia dismissed on Friday a bid by two investors to bring insider trading and directors' duties claims on behalf of gold explorer Citigold, finding they lacked standing as they did not own the shares directly.
-
November 06, 2026
Fired KPMG Partner Seeks Audit Findings In Dismissal Case
Former KPMG partner Eileen Hoggett, sacked over her role in leaking audits to secure new clients, has asked the NSW Supreme Court for documents and communications about her expulsion involving CEO John Sams, the board, partners and journalists, along with the investigation findings underpinning her termination, as part of her unfair dismissal case.
-
November 06, 2026
Gordon Legal Joins Probes Over NEXTDC's Slashed Forecast
Gordon Legal has launched an investigation into a possible shareholder class action against NEXTDC and whether the data centre operator misled investors over its financial forecasts, joining rival plaintiff firms Shine Lawyers and Echo Law.
-
November 06, 2026
High Court Rejects Ex-Keybridge Director's Costs Funding Bid
The High Court of Australia has refused former Keybridge Capital director Nicholas Bolton's leave to appeal a ruling that the company was not required to fund his defence against allegations of breaching directors' duties because the relevant director's deed clause provided indemnity rather than advances of legal costs.
-
November 05, 2026
High Court Refuses Leave In Document Delivery Dispute
The High Court of Australia on Thursday refused special leave to appeal a New South Wales Court of Appeal ruling that emailing a link to documents was not valid delivery under Western Australian law.
-
November 05, 2026
Serco Can't Escape Redundancy Clause In Union Court Win
Immigration detention provider Serco has lost a Federal Court of Australia bid to avoid redundancy payments to former employees, arguing they effectively resigned by taking jobs with its replacement.
-
November 05, 2026
Barrister Fined $25K For Contempt In Chambers Fee Suit
The NSW Supreme Court fined barrister Philip Bates $25,000 on Thursday for civil contempt for failing to hand over business documents in a dispute with his former chambers over $112,000 in allegedly unpaid floor fees and criticised his "mealy-mouthed" apology.
-
November 05, 2026
OAIC Ends VIQ Inquiry Despite Court Data Breach Finding
The privacy watchdog has closed preliminary inquiries into VIQ Solutions without a formal investigation, despite identifying a possible federal privacy law breach involving unauthorised access to sensitive court recordings in India, a report said Wednesday.
-
November 05, 2026
High Court Rejects Palmer's Bid To Revive Ex-ASIC Chair Suit
The High Court of Australia has rejected two applications by Queensland billionaire businessman Clive Palmer and his company Palmer Leisure Coolum for special leave to appeal the dismissal of their cases against former ASIC Chair James Shipton because they have insufficient prospects of success.
-
November 05, 2026
Mallesons Advises NEXTDC Amid 'Opportunistic' Share Raid
Data centre operator NEXTDC, facing potential shareholder class actions after an earnings downgrade sent its shares plunging 42%, said Thursday that a share raid by Goodman Group and Digital Realty was 'opportunistic' and that it had received no takeover proposals.
-
November 05, 2026
High Court To Hear Builder's $366K Quantum Meruit Appeal
The High Court of Australia granted special leave on Thursday for a builder to appeal a Victorian Court of Appeal ruling dismissing its claim for $366,000 under the doctrine of quantum meruit, a claim for the reasonable payment for work performed on the unfinished construction of a home.
-
November 05, 2026
Telstra Wins Order Halting Ex-Exec's Role At Rival Vocus
The Federal Court of Australia has temporarily barred former Telstra executive John Ieraci from working for rival Vocus until January 1, 2027, finding a strong prima facie case that his new role breached a six-month contractual restraint.
-
November 05, 2026
Maddocks Rehires Ex-Property Lawyer As Special Counsel
Maddocks says it has rehired Jonathon Meehan, the University of Melbourne's senior lawyer responsible for property and projects, as special counsel in its real estate practice group.
-
November 05, 2026
Former Government QC Tim Begbie Joins New Chambers
Former Australian Government Queens Counsel Tim Begbie KC has joined New Chambers, the firm announced on Monday.
-
November 04, 2026
Federal Judge Backs Avis On Award Covering Rental Car Staff
The Federal Court of Australia has rejected claims that W T H Pty Ltd, trading as Avis Car Rentals, underpaid vehicle service agents and rovers between 2010 and 2020, finding the vehicle award applied rather than the general retail industry award.
-
November 04, 2026
Keybridge Directors Ordered To Repay $4.75M Loan
The New South Wales Supreme Court has ordered activist investor Nicholas Bolton and two other Keybridge Capital directors to repay $4.75 million plus interest to the shuttered investment firm, finding they breached their directors' duties by transferring the money.
-
November 04, 2026
Gemi Can't Get $474K Costs Security In Cross-Claim
The Supreme Court of New South Wales rejected Wednesday an application by private lender GEMI Investments for $474,000 in security for costs over a cross-claim brought by Remie Pty Ltd., Simon Raftery's former personal investment vehicle.
KenoGO Can't Get PM Advisers' Files In Gambling Ban Fight
A New South Wales Supreme Court judge has refused KenoGO's bid to obtain documents held by political staff and advisors to the Prime Minister Antony Albanese and Communications Minister Anika Wells in its constitutional challenge to a federal ban on its online jackpot gambling platform Keno, in a judgment published on Thursday.
Coles Says ACCC Denied WA Shoppers More Choice
The ACCC overrode shoppers' preferences with its decision to stop Coles buying land to build a supermarket — the first rejection under new merger laws — Coles claimed at an Australian Competition Tribunal hearing on Monday.
High Court Justices Query If Kids Use Reddit For Politics
High Court of Australia justices have questioned how much the social media account ban for under-16s burdens the implied freedom of political communication, given that most children — especially younger ones — do not engage in it.
KenoGO Can't Get PM Advisers' Files In Gambling Ban Fight
A New South Wales Supreme Court judge has refused KenoGO's bid to obtain documents held by political staff and advisors to the Prime Minister Antony Albanese and Communications Minister Anika Wells in its constitutional challenge to a federal ban on its online jackpot gambling platform Keno, in a judgment published on Thursday.
Coles Says ACCC Denied WA Shoppers More Choice
The ACCC overrode shoppers' preferences with its decision to stop Coles buying land to build a supermarket — the first rejection under new merger laws — Coles claimed at an Australian Competition Tribunal hearing on Monday.
High Court Justices Query If Kids Use Reddit For Politics
High Court of Australia justices have questioned how much the social media account ban for under-16s burdens the implied freedom of political communication, given that most children — especially younger ones — do not engage in it.
Editor's Picks
-
Commercial Disputes Trends For 2027: AI, Privacy And ESG
Lawyers are monitoring commercial use of AI, new privacy legislation and expanding sustainability obligations as 2027's potential breakout areas for commercial disputes, major law firm partners told Law360.
-
Billionaire Palmer's Co. Convicted, Fined $10K In QLD Court
Billionaire Clive Palmer's company Palmer Leisure Coolum Pty Ltd has been convicted and fined $10,000 in a District Court of Queensland on Tuesday for breaching takeover law over a proposed acquisition of a timeshare resort scheme, according to a statement by ASIC.
Expert Analysis
-
ASIC Win Broadens View Of Fixed-Yield Crypto Products
The High Court of Australia's recent landmark ruling in Australian Securities and Investments Commission v. Web3 Ventures, determining that fixed-yield cryptocurrency products are financial products, endorses an expansive approach to federal law that suggests purposive readings of existing statutes will be favoured over a wait-and-see approach to novel technology, say lawyers at Hall & Wilcox.
-
Microsoft Defence Tests Disclosure Rules For Subscriptions
Microsoft recently filed its defence against the Australian Competition and Consumer Commission’s claim that the company misled consumers about subscription options, setting up a significant contest about disclosure obligations, the nature of subscription software models, and when silence in a sales context amounts to misleading conduct, says Shaun Temby at Maddocks.
-
Practice Leader Insights From Phi Finney's Joel Phibbs
Joel Phibbs, Phi Finney's anti-money laundering and counter-terrorist financing practice lead, discusses the approach of banks when dealing with compliance, the challenges of delays in getting cases to trial, and why financial bodies' regulatory burden and the desire to lower costs using artificial intelligence seem like a recipe for major problems in the future.
-
Practice Leader Insights From HSF Kramer's Andrew Bradley
Andrew Bradley, leader of HSF Kramer's financial services regulatory practice in Australia, discusses managing mental health while working on a complex matter, the glaring need for further reform in the financial advice sector, and why this practice area may be the most dynamic and intellectually stimulating.
-
Blue Star Shows Why Liquidators Need Approval Rule Reform
The recent Queensland Supreme Court decision in Blue Star Care v. Rimcroft highlights the uncertainty surrounding Section 477(2B) of the Corporations Act court approvals regime, meaning that until outright reform is implemented liquidators must make unsatisfactory choices between what is safe and what is in creditors’ best interests, says Robert True at Quinn Emanuel.
-
Australia's Computer Patent Ruling Will Aid Global Companies
While courts around the world have struggled to articulate a technology-neutral test for patentability of computer-implemented inventions, a recent decision by Australia's top court offers a decisive answer, creating strategic opportunities for overseas applicants, say attorneys at Mallesons.
-
Decoding Arbitral Disputes: ICSID Enforcement In Australia
The Federal Court of Australia recently ruled for award creditors in Blasket Renewable Investments v. Spain in a judgment that explains how Australia's statute book operationalizes the promise of depoliticized enforcement under the International Centre for Settlement of Investment Disputes Convention while accommodating, without yielding to, the centrifugal forces of European Union law, says Josep Galvez at 4-5 Gray's Inn.