Following a decision earlier this year preventing a solicitor from acting in a class action in which the solicitor managed and controlled the representative plaintiff the Victorian Supreme Court has held that a solicitor and senior counsel should be prevented from acting in a class action in which ...

The Queensland Supreme Court has held that mining leases did not constitute an interest in land for the purposes of the former land rich duty regime While subsequent amendments to the Duties Act 2001 Qld mean that mining tenements are now treated as an interest in land the decision provides much ...

A recent VSC decision has examined the limits on entrepreneurship by securities class action lawyers ...

The High Court ruled that certain mining leases in WA did not extinguish all native title rights, but rather the two rights co-exist. In doing so, the High Court took the opportunity to clarify the test for determining when native title rights will be extinguished by statutory grants at common law. ...

We look at the circumstances where a court may not grant an injunction to restrain an employee from working with a competitor the Fair Work Commissions position on legal representation a case that helps clarify when restructuring roles will create genuine redundancy whether a gift to employees who ...

'Big data' is revolutionising approaches in all major industries, including the health sector, but Australia's current privacy framework lacks flexibility, and there is insufficient guidance to support compliance. Associate Nick Li looks at the challenges in improving patient care and research outco ...

This Insights examines the interpretative requirements for determining a trade mark infringement ...

The Attorney-General has announced that he has asked the Australian Law Reform Commission to inquire into class action proceedings and third party litigation funders The inquiry presents an important opportunity to take stock of how the class actions landscape has evolved particularly whether ...

In a rare appellate court decision dealing with anti-dumping law, the FFCA has clarified that the Anti-Dumping Commission's ability to calculate hypothetical amounts for the purposes of determining normal value is not at large, and must conform strictly with anti-dumping legislation ...

Nippon Yusen Kabushiki Kaisha has been fined 25 million in the first criminal cartel conduct prosecution commenced in Australia providing guidance on how a court will determine penalties under the criminal cartel laws ...