Commercial Disputes AU
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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November 04, 2026
United Franchisees Given One Last Chance On Director Claim
A Supreme Court of Victoria judge has rejected United Petroleum franchisees' attempt to amend their class action over obligations related to Pie Face franchises in their stores to add claims against United director Avi Silver, but gave the franchisees one last chance to make a clearer claim against Silver.
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November 04, 2026
IAM Must Pay Costs After Ending $1.3M Misappropriation Suit
A Federal Court of Australia judge has allowed Income Asset Management Group Limited to discontinue its nearly $1.4 million misappropriation claim against its former head of operations, Kimberley Henry, due to Henry's lack of assets, but ordered the financial services company to pay Henry's costs after it sought a cost split.
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November 03, 2026
Court OKs $8M Of Defence Co.'s Invalidly Issued Securities
The Federal Court of Australia has retrospectively validated about $10 million in convertible notes and ordinary shares issued by ASX hopeful The Whiskey Project Group, despite finding that the defence contractor's directors had breached its constitution by issuing about $7.9 million of the notes.
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November 03, 2026
Omni Says Judge Erred In 'Unjust' Robodebt Funder Fee
Omni Bridgeway has argued that its $35 million share of the $475 million Robodebt class action payout was "unjust," saying a Federal Court justice miscalculated its remuneration as litigation funder, according to its notice of appeal seen by Law360.
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November 03, 2026
Adgemis 'Can't Recall' On Collapsed Pub Empire's Accounts
Bankrupt former publican Jon Adgemis has told a Federal Court of Australia examination on Tuesday that he "can't recall" the details of his financial arrangements or the GST refunds of his sprawling Sydney pub empire and its related businesses which collapsed owing debts of $1.8 billion.
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November 03, 2026
Meta Class Action Potentially 'Cast Too Wide,' Judge Says
Federal Court of Australia Justice Ian Jackman said pleadings by plaintiffs in the class action alleging harm to under-18s by Facebook owner Meta have "woolly edges" and "under-particularised" aspects in the first day of hearings on Tuesday, as he deferred hearings to February to allow for a potential rival case by Shine Lawyers.
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November 03, 2026
Wiluna Settles Legal Disputes With Former Chair Jerkovic
Western Australian gold miner Wiluna Mining Corp. Ltd has settled its long-running disputes with former Executive Chairman Milan Jerkovic, according to a statement to the Australian stock exchange on Tuesday, with no admission of liability and each party to bear their own costs.
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November 03, 2026
Full Court Backs Fine For iSignThis, CEO on ASX Disclosures
The Full Court of the Federal Court of Australia in a Melbourne court on Monday upheld penalties of $10 million against payments company iSignthis and $1 million against its former CEO Nickolas Karantzis, along with his six-year ban from managing corporations, over misrepresented revenues and a failure to disclose the loss of a major Visa contract.
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November 03, 2026
Justice Rangiah Takes Helm Of Australian Judicial Association
Federal Court of Australia Justice Darryl Rangiah has been appointed President of the Australian Judicial Officers Association, the representative body of the Australian judiciary, taking over from Justice Steven Moore.
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November 02, 2026
Youpla Ex-CEO, Director Breached Duties Over Insurer Deal
The Federal Court of Australia has ruled that Youpla's former CEO and a former director breached their duties by insuring its funds with a company owned by two directors.
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November 03, 2026
Silk Says Positive Fiduciary Duties Remain Possible
A WA Court of Appeal ruling "leaves open the possibility" that fiduciary duties can require action as well as prohibit it, a senior barrister has said, noting the High Court of Australia has yet to decide the question, despite coming "tantalisingly close."
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November 02, 2026
Trump's Attacks On Courts Ripple Into Australia, Judge Says
Federal Court Justice Darryl Rangiah has warned that Donald Trump's "crusade" against US courts and judges is spreading contempt for judicial independence in Australia, citing personal attacks on judges made by local politicians, "raging headlines" on bail and sentencing decisions, and increasing threats against judicial officers.
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November 02, 2026
ACCC Fines Sharetea $39.6K Over Franchisee Agreements
The Australian Competition and Consumer Commission has fined bubble tea chain Sharetea Australia $39,600 for allegedly breaching franchising laws by requiring franchisees to cover the company's costs of settling disputes, the regulator announced 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.
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.
High Court Says Uber Owes Payroll Tax On Driver Payments
The High Court of Australia on Wednesday ruled 6-1 to uphold a ruling that drivers "supply" driving services to rideshare giant Uber, finding the drivers' contracts with the company are relevant contracts under New South Wales payroll tax law, meaning Uber's payments to drivers attract payroll tax.
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.
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.
High Court Says Uber Owes Payroll Tax On Driver Payments
The High Court of Australia on Wednesday ruled 6-1 to uphold a ruling that drivers "supply" driving services to rideshare giant Uber, finding the drivers' contracts with the company are relevant contracts under New South Wales payroll tax law, meaning Uber's payments to drivers attract payroll tax.
Editor's Picks
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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.
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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
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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.