Commercial Disputes AU
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October 06, 2026
SMEC, AFP Agree $9M Settlement Over Foreign Bribery Probe
Engineering firm SMEC has agreed to a $9 million settlement with the Australian Federal Police, ending a long-running foreign bribery investigation, with no admission of liability or referral to the Commonwealth Director of Public Prosecutions.
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October 05, 2026
White Oak Must Post $5M As IAG Flags Asset Concerns
Greensill Capital creditor White Oak must provide $5 million in security costs after the Federal Court of Australia granted applications by underwriter BCC Tokio Marine and insurer IAG, which argued that the investment vehicle was "effectively in run-off" with minimal assets.
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October 06, 2026
Equity Trustees Says Overhedging 'Overwhelmingly Proven'
Equity Trustees said Tuesday that it had "overwhelmingly proven" Tactical Global Management wrongly "overhedged" currency trades, which cost the trustee $5.8 million, adding TGM cannot show it had tacitly approved the data used for those trades.
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October 06, 2026
NSW Bar Association Names 20 Barristers As 2026 Silks
The New South Wales Bar Association has appointed 20 barristers as Senior Counsel for 2026, the association said on Friday.
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October 06, 2026
Justice Lee Says AI Push Aimed At Easing Class Action Costs
Federal Court of Australia Justice Michael Lee says he is pushing AI use in his courts because it could reduce the "extraordinarily expensive" legal costs of class actions adding that lawyers should not expect the courts to be "passive" about the opportunities presented by AI.
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October 06, 2026
Justice Clements Hails Mentors At Welcome Ceremony
Victorian Supreme Court Justice Andrew Clements reflected on the "good fortune" his legal career has brought him during his welcome ceremony on Tuesday, paying tribute to the mentors who helped shape his career, including his father and John Noonan KC.
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October 05, 2026
DGR's Bid To Expand $28.4M Armour Energy Case Rejected
A Queensland Supreme Court judge has refused mining exploration company DGR Global's application to add a new $73.4 million counterfactual claim in its proceedings over the collapse of Armour Energy, DGR announced Monday.
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October 05, 2026
Insurer Denied Additional Security In $29M Coverage Row
A Federal Court judge on Friday dismissed an application by Tokio Marine & Nichido Fire Insurance for an additional cost security in a commodities trader's case alleging the insurer wrongly failed to pay roughly $29 million in trade credit claims, saying there were no exceptional circumstances to justify the move.
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October 05, 2026
Justice Kirk Warns 'Unrestrained' Attacks Erode Rule Of Law
NSW Court of Appeal Justice Jeremy Kirk has warned that "strident and unrestrained" attacks on judges can undermine public confidence in courts and the rule of law, while acknowledging that the judiciary should remain open to legitimate criticism.
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October 05, 2026
Lion Property Director Can't Undo Investor Default Judgment
A Victorian Supreme judge has dismissed an application by John Sader, co-founder of Lion Property Group, to set aside a default judgment issued in a suit alleging the collapsed luxury property developer misused investor funds, finding Sader's bankruptcy meant he lacked a "sufficient financial interest" to challenge the ruling.
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October 02, 2026
SA Taps Ex-Federal Court Judge For AI Royal Commission
A former Federal Court Justice has been appointed to lead the South Australian Royal Commission into Artificial Intelligence that will evaluate how South Australians can maximise the benefits of the technology while managing potential risks.
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October 02, 2026
Dispute Over 'Pizzabot' Distribution Deal Sent To Arbitration
A New South Wales Supreme Court judge has ruled that a dispute worth more than $20 million over a distribution agreement for the "Pizzabot" food preparation robot must be arbitrated in Sweden under the contract between its manufacturer and distributor.
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October 02, 2026
CA ANZ Wants Ethics Update at KPMG, Finds No Major Flaws
Chartered Accountants Australia has recommended KPMG Australia appoint an independent chief ethics officer, set clearer rules for using external investigators for misconduct allegations and strengthen controls on using confidential audit-client information to pursue other work, in its review of the confidentiality controls and ethical culture prompted by the whistleblower scandal.
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October 02, 2026
ANZ Dumps Auditor KPMG Australia After Over 5 Decades
ANZ says it will tender its external audit contract and exclude KPMG, who has held the major Australian bank's external audit contract since 1969 and been engulfed in a whistleblower scandal since March, as the tenure length is "no longer considered appropriate."
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October 01, 2026
Lloyd's Escapes $1M Claim Linked To Stadium Roof Collapse
A Federal Court judge has dismissed a contractor's claim that "certain" Lloyd's of London underwriters must cover damages and interest arising from the uncontrolled collapse of a Sydney stadium's roof during demolition in 2016.
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October 01, 2026
Court Clears Way For AFP Probe Of Alleged $9m Fee Claim
A Federal Court has allowed property developer Villawood to give the Australian Federal Police documents about a rival accused of backdating contracts to improperly claim up to $9 million in fees.
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October 01, 2026
Hall & Wilcox Nabs HWL Ebsworth Partner For Cyber Practice
HWL Ebsworth's Zoe Tishler has joined Hall & Wilcox as a partner of the law firm's cyber practice in Sydney, Hall & Wilcox said in a statement on Tuesday.
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October 01, 2026
Judge Lets eHarmony Appeal Misleading Liability Ruling
A Federal Court judge on Thursday issued formal declarations of eHarmony's legal contraventions over misleading customers about its terms and membership pricing, in a case brought by the ACCC, allowing the online dating site to immediately appeal a liability ruling before penalties are determined.
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October 01, 2026
Nuvei Wins $1.95M Escrow Fight Over Till Tax Liability
A New South Wales Supreme Court judge has ruled that payment provider Nuvei is owed just under $2 million that was held in an escrow account in a dispute over potential tax liability stemming from convertible notes issued by Till when the fintech was sold to the payments company in 2023.
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September 30, 2026
Developer Gets 9 Years For $2.2M Investor Fund Fraud
A former Queensland property developer was sentenced to nine years in prison on Tuesday after he pleaded guilty to fraud involving more than $2.2 million of investor funds intended for five property developments.
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September 30, 2026
Judge Says 'Gestalt' Can't Delay $3.25M Settlement Payments
The New South Wales Supreme Court refused Wednesday to let a property developer defer payments under a $3.25 million settlement with another developer, finding in a first-of-its-kind ruling that it hadn't shown a "gestalt" between the parties that justified the delay.
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September 30, 2026
OneSteel Creditors Meeting Delayed For 3rd Time
The Federal Court of Australia has extended the convening period for the second creditors' meeting of OneSteel Manufacturing to March 31, 2027, noting that the steelmaker's administrators expect a sale not to yield any material return for ordinary unsecured creditors.
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September 30, 2026
Mayne-Sun US Settlement Keeps Generic Imvexxy Out Til 2032
ASX-listed Mayne Pharma announced a settlement in a US patent dispute with Sun Pharmaceuticals Industries Ltd. on Wednesday over an oestradiol vaginal insert used to treat symptoms of menopause, with Sun agreeing not to enter the US market with a generic version until 2032.
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September 30, 2026
Golf Buggy Maker MGI Sues Rival Alphard in Patent Dispute
Electric golf and push buggy maker MGI Golf Pty Ltd launched a patent suit against competitor Alphard Golf Australia Pty Ltd in the Federal Court of Australia on Tuesday.
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September 30, 2026
Govt Defends Social Media Ban Despite 'Scientific Uncertainty'
The federal government has defended its world-first legislation barring social media accounts for under-16s against a High Court challenge from Reddit, arguing the law is justified by "credible risks of harm" despite a lack of scientific consensus, and has only a limited, reasonable effect on political speech.
OpenAI, Anthropic Back AI Safety Incident Reporting Laws
OpenAI said it supported the introduction of mandatory AI incident reporting in Australia, arguing federal legislation would provide clearer legal requirements for when companies must disclose safety issues in a parliamentary hearing in Sydney on Tuesday.
Apple Must Restore Betting App PlayWest After Shutdown
Apple has been ordered to reinstate access to a Perth betting company's app on its devices by the Federal Court of Australia, after terminating the PlayWest application without notice citing fraud.
OpenAI, Anthropic Back AI Safety Incident Reporting Laws
OpenAI said it supported the introduction of mandatory AI incident reporting in Australia, arguing federal legislation would provide clearer legal requirements for when companies must disclose safety issues in a parliamentary hearing in Sydney on Tuesday.
Apple Must Restore Betting App PlayWest After Shutdown
Apple has been ordered to reinstate access to a Perth betting company's app on its devices by the Federal Court of Australia, after terminating the PlayWest application without notice citing fraud.
Class Accuses JB Hi-Fi Of Selling Warranties 'Worth Nothing'
JB Hi-Fi sold extended warranties "worth nothing" because their benefits substantially overlapped with Australian consumer law, counsel for a class of consumers said at the first day of a massive trial in the Victorian Supreme Court on Monday.
Editor's Picks
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Top Commercial Disputes To Watch In The Second Half
2026 has been defined by massive claims across trade insurance in the Greensill fallout, the U.S. Meta case and likely Australian class action on teen addiction, Attorney General Michelle Rowland's first major suit, and the high-profile property stoush over a prized stake in Melbourne's Tullamarine airport. Law360 takes a look at five cases to watch in commercial disputes for the remainder of the year.
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Energy Regulator Seeks Special Leave To Appeal AGL Finding
The Australian Energy Regulator is seeking special leave to appeal a Full Federal Court of Australia decision overturning a 2024 finding that AGL had "overcharged" 483 Centrelink clients by accepting welfare-payment deductions after they closed their energy accounts.
Expert Analysis
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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.
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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.
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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.
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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.
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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.
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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.
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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.