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Australia Jurisdiction

Herbert Smith Freehills Kramer

Clouds Over Blue Sky: High Court Limits Solicitors’ CFOs

On 6 August 2025 the High Court of Australia (High Court) unanimously held that at the time of settlement or judgment in a class action, the Federal Court of Australia (Federal Court) does not have the power to grant a...more

Seyfarth Shaw LLP

Managing cross border sexual harassment investigations in Australia and Asia––10 key considerations for employers (Part 1)

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Seyfarth recently hosted a webinar entitled ‘Managing Cross-Border Sexual Harassment Investigations in Australia and Asia’, addressing the practical considerations that employers should be aware of when investigating...more

IR Global

Keeping it human

IR Global on

Disputes, AI and modern law - Q1 How should parties seek and agree a seat for ADR, and what advantages does your jurisdiction offer?...more

K&L Gates LLP

Australia-China Cross-Border Commercial Disputes – Where Should They be Resolved?

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Following efforts by the Australian and Chinese governments to improve bilateral relations and restore trade in sectors significantly affected by COVID-19-era geopolitical tensions, we have seen a renewed interest in...more

K&L Gates LLP

Australian Unfair Contract Terms Laws and International Business: High Court Finds Global Contract Subject to Australian Laws and...

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In Brief - The High Court of Australia (the Court) has provided important guidance on the application of Australia’s unfair contract terms (UCT) regime to global standard form contracts, the validity of class action waiver...more

Jones Day

Class Actions Worldview: A Study of Trends Around the Globe, Part III—Australia, Germany, and France - December 2023

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Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Australia (Updated)

This guide offers an overview of legal aspects of bankruptcy, insolvency, and rehabilitation in the requisite jurisdictions. It is meant as an introduction to these marketplaces and does not offer specific legal advice....more

BCLP

Município de Mariana v BHP Group: the English High Court casts its jurisdictional net wider in the Fundão Dam class action...

BCLP on

In the High Court’s recent judgment in Município de Mariana & Ors v BHP Group (UK) Limited & Anor the Court found that England was “clearly the appropriate forum” to determine whether Vale SA, a Brazilian company, should...more

Conyers

Cayman Islands Restructuring: Court-to-Court Communication and Co-operation in Cross-Border Matters

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With a marked increase in large-scale cross-border insolvency and restructuring proceedings in the Cayman Islands and elsewhere, there is a greater focus on principles of comity and co-operation between courts and...more

Foley & Lardner LLP

Australia Appeal Decision Reverses Direction on AI Inventorship

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Over the past few years technology evangelist and inventor Stephen Thaler, together with the Artificial Inventor Project, has campaigned for patent law changes across jurisdictions to recognize artificial intelligence (AI) as...more

K&L Gates LLP

What Privilege Rules Govern My International Arbitration?

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International arbitration inevitably involves different parties from different jurisdictions. The parties, their counsel, the seat, the arbitrators, the governing law of the contract, the setting of the relevant facts, and...more

K&L Gates LLP

Halifax Update: "Unique" Joint Sitting of Trans-Tasman Courts

K&L Gates LLP on

A joint hearing between the Federal Court of Australia (FCA) and the High Court of NZ (NZHC) has broken new ground. In proceedings brought by the liquidators of Halifax Investment Services Pty Ltd (In Liquidation) (Halifax...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 27, July 2020

Big Oil repeatedly remanded to state courts - will SCOTUS come to the rescue? "Oil companies facing suits by state and local governments that want them to bear a share of the cost of responding to the consequences of...more

Latham & Watkins LLP

Final CFIUS Regulations Implementing FIRRMA Take Effect in February 2020: 10 Key Questions Answered

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Under the final regulations, CFIUS filings for certain transactions will be required, and CFIUS will have broader jurisdiction to review certain foreign investments. On January 13, 2020, the US Treasury Department published...more

K&L Gates LLP

Cross-border Cooperation: Federal Court of Australia Considers "Classic Candidate" for Coordination With High Court of New Zealand

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On 22 August 2019, the Federal Court of Australia (Federal Court) delivered a judgment that provides guidance on the framework within which cross-border cooperation between courts located in different jurisdictions might...more

International Lawyers Network

Sexual Harassment in the Workplace: What Australian Companies Need to Know

What constitutes sexual harassment? Sexual harassment is conduct of a sexual nature, a sexual advance or a request for sexual favours that is unwelcome, where a reasonable person having regard to all the circumstances...more

White & Case LLP

Offshore wind projects: Assessing the environmental impact: Australia

White & Case LLP on

Offshore wind projects face challenges that are not addressed by the regulatory system established for onshore projects. The Australian government's mandatory renewable energy target (MRET) supports investment in renewable...more

Jones Day

Supreme Court of New South Wales Relaxes Requirements for Class Actions

Jones Day on

The Situation: Fernandez & Anor v State of New South Wales & Ors [2019] NSWSC 255 raised the question: In a situation where there are multiple defendants, is it necessary that a class representative have a claim against each...more

Jones Day

Australian Law Reform Commission Releases Class Action and Litigation Funding Report

Jones Day on

Courts Empowered, More Action Needed on Shareholder Claims and Contingency Fee for Class Action Lawyers to Increase Class Action Activity - The Australian Law Reform Commission Class Action and Litigation Funding Report...more

Patterson Belknap Webb & Tyler LLP

Chapter 15: Decision Reviews Jurisdictional Issues and Bankruptcy Code Section 109

In a recent decision, In re B.C.I Fins. Pty Ltd. (In Liquidation), No. 17-11266, 2018 Bankr. LEXIS 1217 (Bankr. S.D.N.Y. Apr. 24, 2018), Judge Sean Lane granted a chapter 15 petition after rejecting a challenge to...more

Jones Day

The End of the "Deemed Liability" Adjudication in Western Australia

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The Problem: The Construction Contracts Act 2004 (WA) contains a number of provisions that are to be implied into construction contracts that are silent as to those matters. These implied terms have been a steady source of...more

Jones Day

Australia: Adjudicators’ Security of Payment Determinations Not Reviewable for Errors of Law

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The Situation: The High Court of Australia has, for the first time, confirmed that determinations by adjudicators appointed under security of payment legislation are not reviewable for errors of law alone. The Result: The...more

K&L Gates LLP

The High Court Weighs in on Adjudication Determinations - Errors of Law Are Not Reviewable

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The High Court has unanimously confirmed in the decision of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 (Probuild) that Courts do not have the power to review adjudication determinations made...more

Jones Day

Court Limits Australia's Jurisdiction to Assist International Arbitrations

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The Situation: Parties to contracts on major projects with a connection to Australia frequently arbitrate disputes elsewhere. The Development: The Federal Court of Australia ("FCA") held that Australian courts do not have...more

Dorsey & Whitney LLP

Philip Morris Asia Limited (Hong Kong) v. The Commonwealth of Australia: Permanent Court of Arbitration Tribunal Publishes...

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The Permanent Court of Arbitration (“PCA”) has just released the full award of the Tribunal in Philip Morris Asia Limited (Hong Kong) v. The Commonwealth of Australia, which was rendered in late 2015. We previously published...more

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