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Articles by Celia Wright
High Court reinforces fee boundaries: Solicitor's CFOs ruled out in class actions in NSW and all States where the solicitors' rules do not permit contingency fees
In a judgment that reinstates the Supreme Court of Victoria as the preferred jurisdiction for class action lawyers, the High Court of Australia in in Kain v R&B Investments Pty Ltd; Ernst & Young (a firm) v R&B Investments Pty Ltd; Shand v R&B Investments Pty Ltd [2025] HCA 28 has ruled that solicitor's common fund orders (Solicitor's CFOs) are impermissible in jurisdictions that prohibit contingency fees - that is, all States and Territories other than Victoria.
Uncertainty remains for ‘prior known circumstances exclusions' in Australia: Uniting Church in Australia Property Trust (NSW) v Allianz Australia Insurance Limited ACN 000 122 850 [2025] HCATrans 46
The High Cout of Australia recently dismissed an application by the Uniting Church in Australia Property Trust (NSW) (UCPT) for special leave to appeal the Full Court of the Federal Court's judgment in Allianz Australia Insurance Ltd v Uniting Church in Australia Property Trust (NSW) [2025] FCAFC 8 (Appeal Judgment), meaning that there is likely to be continued uncertainty on the validity and application of 'prior known circumstances' exclusions in the Australian insurance market, at least...
An uncertain future for "prior known circumstance" exclusions in Australia
The recent judgment of the majority of the Full Court of the Federal Court in Allianz Australia Insurance Ltd v Uniting Church in Australia Property Trust (NSW) [2025] FCAFC 8 casts significant doubt on whether "prior known circumstances" exclusions in claims-made liability policies are valid.
Greenwashing under scrutiny: Australian regulators cracking down on environmental claims: Part 2 – the year ahead - Corporate Governance - Australia
Introduction As outlined in Part 1 of our Limelight update on greenwashing, which reviewed the developments in this space during 2023, there has been closer regulatory scrutiny by Australian regulators on environmental and sustainability claims being made by Australian companies and a higher frequency of greenwashing litigation in Australian Courts being brought by shareholders and consumers.
Greenwashing under scrutiny: Australian regulators cracking down on environmental claims: Part 1 – the year in review - Corporate Governance - Australia
Globally and in Australia there is an increasing focus on the environmental and sustainability credentials of organisations. This in turn has led to claims and regulatory action in which it is alleged that companies have overpromised. While the first 'greenwashing' civil penalty proceedings in Australia involve superannuation and investment funds, the risks are not limited to participants in the financial services industry.
Greenwashing under scrutiny: Australian regulators cracking down on environmental claims - part 2 - the year ahead
Introduction As outlined in Part 1 of our Limelight update on greenwashing, which reviewed the developments in this space during 2023, there has been closer regulatory scrutiny by Australian regulators on environmental and sustainability claims being made by Australian companies and a higher frequency of greenwashing litigation in Australian Courts being brought by shareholders and consumers.
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