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Federal Court provides clarity around settlement common fund orders
The recent Full Federal Court decision of Elliott-Carde v McDonald's Australia Limited [2023] FCAFC 162 has provided much-needed clarity on the Federal Court's power to make common fund orders.
Government Responds to the Wood Review - Australia's Sports Integrity Arrangements
The Hon. Bridget McKenzie, Minister for Sport, yesterday released the Government Response to the Review of Australia's Sports Integrity Arrangements (also known as the Wood Review).
Federal Court upholds deed of release as a bar to a former Department of Finance employee bringing a sexual harassment claim...
The Federal Court has knocked out an attempt by a former employee of the Commonwealth Department of Finance to bring sexual harassment, sex discrimination and victimisation proceedings against the Commonwealth and a former senator.
Federal Court clarifies new 'sex-based harassment' laws in first Respect@Work test case
The Federal Court of Australia has handed down a decision which is the first to consider the meaning of 'sex-based harassment', one of the recent inclusions to the Sex Discrimination Act 1984 (Cth) (SD Act) after the Respect@Work Report. While the allegations of sex based harassment were not upheld, the decision sheds some light on how the provision will operate. There were, however, findings of unlawful sexual harassment and victimisation, for which the Court awarded $305,000 in damages and compensation, among the highest awards in this jurisdiction.
Federal Court of Appeal confirms that insurers are not liable for damage caused by spontaneous heating
Dalby Bio-Refinery Ltd (Dalby) was insured under an ISR Mark IV Policy issued by Allianz Australia Insurance Limited, Ace Insurance Limited (now Chubb Insurance) and Zurich Australian Insurance Limited (together, Insurers) for the period 30 June 2015 to 30 June 2016 (Policy) On 2 March 2016, an employee of Dalby attended a storage facility in Dalby, Queensland (Facility), and observed the smouldering of stockpiles of dry distiller's grain and solubles (DDGS) (Incident). As a result of the Incident, a large quantity of DDGS stored in the Facility were declared a write-off and discarded. Dalby sought indemnity under the Policy for its losses arising from the Incident (Claim).
Federal Government merges the Family Court and Federal Circuit Court
Earlier this year, Federal Parliament passed legislation that would amalgamate the Federal Circuit Court of Australia and the Family Court of Australia into one court known as the Federal Circuit and Family Court of Australia.
Federal Court confirms that insurers are not liable for damage caused by self-heating and/or spontaneous combustion
In a case concerning destruction of organic material by fire, insurers successfully defended proceedings for alleged wrongful declinature based on Perils Exclusion 6(c)(i) and/or 6(c)(ii) of an ISR Mark IV Policy.
Federal Court pings real estate agency for breach of fiduciary duties
The Full Court has recently determined that a real estate agency, one of its former directors, and a senior employee of a property development company, breached their fiduciary duties to the development company by selling the company's land as part of a secret scheme to develop it themselves. This case is a warning to real estate agents and their employees that the fiduciary duties owed to their clients are paramount. The absence of a formal agreement required by law will not prevent a fiduciary duty from being established.
Government proposes reforms to insolvency regime for small businesses
In the last 24 hours, the Treasurer has announced the Federal Government's plans to significantly reform the insolvency regime for small businesses, with new laws to take effect from 1 January 2021. This is the day after expiry of the Government's current measures that limit creditor enforcement action during the COVID-19 crisis.
Federal Court rejects push to quash Sunday penalty rates decision
This morning the Full Court of the Federal Court rejected the SDA and United Voice's applications to quash the Fair Work Commission’s determinations to reduce Sunday penalty rates (Penalty Rates Decision).
Federal Court finds ABC dismissed Antoinette Lattouf for expressing political opinion
The Federal Court of Australia has held that the Australian Broadcasting Corporation (ABC) unlawfully terminated the employment of Antoinette Lattouf for reasons including that she held a political opinion opposing the Israeli campaign in Gaza, in contravention of the* Fair Work Act 2009* (Cth) (FW Act).
2022 federal election: Is industrial relations back on the agenda?
As Australians prepare to head to the polls on 21 May 2022, it appears that industrial relations reform has taken a back seat in both major parties' policy platforms.
Australian federal privacy reform update
Concern in Australia about the power of the major digital media platforms has acted as a catalyst for a full review of Australian privacy law.
Full Federal Court rules casual employees may be entitled to leave entitlements
A Full Court of the Federal Court has determined that an employee who was employed as a casual is entitled to back pay for annual leave, personal/carer's leave, compassionate leave and public holidays because the characteristic of 'a firm advance commitment' to offer and accept work meant he was a permanent employee rather than a casual.
Enhanced government powers enacted to protect critical infrastructure
In December 2021, the Security Legislation Amendment (Critical Infrastructure) Act 2021 (Cth) came into effect. This amending Act provides the Australian Government with 'last resort' powers to respond to a serious cyber security incident relating to critical infrastructure assets in critical infrastructure sectors.
2022 federal election: Parties sharpen focus on industrial relations
As the federal election looms closer, the two major parties' industrial relations agendas are continuing to develop in the public eye.
Blockchain for government: are we there yet?
The emergence of blockchain technology provides vast opportunities, including enhanced efficiency, speed, and data security. But are governments utilising these new improvements? Lander & Rogers' lawyers Robert Neely and Joshua Butler explore how the public sector can benefit from blockchains and why being an early adopter may have its advantages.
How the Federal Circuit and Family Court of Australia determines a Hague Convention application for the return of a child
The Hague Convention on the Civil Aspects of International Child Abduction 1980 (the Hague Convention) is an agreement between 83 countries which seeks to protect children from international abduction and arrange the prompt return of children who are wrongfully removed from their home country.
A new Federal Circuit and Family Court of Australia
Attorney-General Christian Porter announced today that the Commonwealth Government will be bringing about significant change to the Australian family law system by combining the Family Court of Australia and the Federal Circuit Court of Australia into a new court to be named 'the Federal Circuit and Family Court of Australia'.
Retail showdown: Federal Court decision provides important guidance to employers on set-off and other award issues
On 5 September 2025, the Federal Court of Australia delivered a detailed judgment in consolidated proceedings involving the Fair Work Ombudsman (FWO), Woolworths Group Limited (Woolworths), Coles Supermarkets Australia Pty Ltd (Coles), and class actions brought against the two retailers by employees.
Proportionate liability regime does not apply to claims for breach of the statutory duty of care under the Design and Building Practitioners Act (NSW) 2020
The NSW Court of Appeal in The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2023] NSWCA 301 (Proceedings) has overturned the earlier decision of the NSW Supreme Court and confirmed that the proportionate liability regime does not apply to claims for breach of the statutory duty of care under the Design and Building Practitioners Act (NSW) 2020 (DBP Act).
Procurement in government: key insights from the inside
As one of the largest buyers of goods and services in Australia, a supply contract with the Commonwealth Government can be an important part of the commercial success of many private sector companies. During a recent lunch, we spoke to The Hon. Richard Marles MP, Shadow Minister for Defence, on the topic of procurement in government and identified some key considerations for government that businesses operating in this space should take note of.
Directors' Duties: Federal Court gives Directors a 'heads up' on s180(1)
The Full Federal Court recently heard an appeal by the directors of Storm Financial, Emmanuel and Julie Cassimatis (the Directors).
Case note: Full Federal Court upholds finding that Auto & General notification clause is not an unfair contract term
On 5 June 2025, the Full Federal Court handed down judgment in ASIC v Auto & General Insurance Company Ltd [2025] FCAFC 76 confirming that the notification clause in an Auto & General Insurance Company (A&G) home and contents insurance policy is not an unfair contract term under the Australian Securities and Investments Commission Act 2001 (Cth). The clause required insured's to 'Tell us if anything changes while you're insured with us' and 'While you're insured with us, you need to tell us if anything changes about your home or contents' (Notification Term). This decision provides welcome clarity for insurers in the Australian market on navigating the intersection of the unfair contract terms regime and the Insurance Contracts Act 1984 (Cth) (IC Act).
Sport Australia's first national sport plan: 'Sport 2030'
On 1 August 2018, the Minister for Sport, Bridget McKenzie, launched Sport Australia's (the Australian Sports Commission) first ever national sport plan, Sport 2030. The report speaks at a high level about the future and pathway of the Australian sporting landscape in order to deliver its key and ambitious goal of ensuring that 'we are the world's most active and healthy nation, known for our integrity and sporting success,' by 2030.
Lander & Rogers supports National Reconciliation Week 2018
Lander & Rogers is proud to support National Reconciliation Week 2018 (NRW). NRW runs annually from 27 May to 3 June and commemorates two significant milestones in Australia's reconciliation journey — the successful 1967 referendum and the High Court Mabo decision.
What the 2022 Federal Budget means for family law
A number of funding items in the 2022-2023 Federal Budget directly relate to the family law system.
Lander & Rogers expands national footprint with new Canberra office and key appointments
Leading national law firm Lander & Rogers is pleased to announce the opening of a new office in Canberra from 1 July 2025, reinforcing the firm’s commitment to providing exceptional legal services to Commonwealth Government clients.
Lander & Rogers celebrates National Pro Bono Day 2019
Since the very early days of our firm, we have held a genuine commitment to supporting vulnerable or disadvantaged people in the community. In almost 15 years our firm has invested over $23 million or over 77,000 hours of time enabling access to justice and enhancing social inclusion for vulnerable Australians.
Purpose vs effect: Federal Court terminates DOCA
This judgment highlights the supervisory role to be played by the courts to ensure that a deed of company arrangement (DOCA) is for a proper purpose.
What Australia's new federal Labor government will mean for employers
Employment law experts break down the key employment and industrial relations policies proposed by Australia's new federal Labor government.
A guide to the National Cabinet's mandatory code of conduct for small and medium enterprise commercial leasing principles during COVID-19
The Code will apply to tenants that are eligible for the Commonwealth Government's JobKeeper program with an annual turnover of up to $50 million. In the case of retail corporate groups and franchises, the $50 million threshold will be applied at the group level (rather than individual retail outlet level) and the franchisee level, respectively.
The consumer data right regime is here - what do you need to know?
In an effort to improve consumers’ ability to compare and switch between products and services, and to drive competitiveness and innovation between service providers, a new consumer data right (CDR) has been introduced.
Chief Justice of the Federal Circuit and Family Court calls for national database of intervention orders
The Chief Justice of the Federal Circuit and Family Court of Australia has signalled that a national database of family violence orders may be forthcoming.
Ransomware Action Plan: Australian Government takes zero-tolerance approach
On 13 October 2021 the Australian Government released its Ransomware Action Plan. The Plan sets out the Australian Government's strategic approach to tackling the threat posed by ransomware.
What does the 2025 Australian Federal Election mean for employers?
The 2025 Australian federal election held on 3 May 2025 resulted in a major victory for the Labor Party, led by Prime Minister Anthony Albanese. This election marks the first time since 2004 that a sitting Prime Minister has been re-elected, and the first for a Labor leader since 1990.
Proposed reforms to class action regime revealed
Earlier this week, the President of the Australian Law Reform Commission identified a suite of measures under consideration with the potential to radically reform Australia's federal class action regime. The measures include permitting lawyers to charge contingency fees in class action proceedings, establishing a licensing regime for litigation funders and implementing a procedure to manage competing class actions. In this update, we explore the measures the ALRC is publicly considering.
New requirements for contracting with Victorian Government agencies
The Fair Jobs Code sets out new standards and requirements that suppliers and businesses contracting with any Victorian Government agency must meet.
How major is a "major change"? Federal Circuit Court clarifies when consultation obligations are triggered for employers
The Federal Circuit Court dismissed an application made by the Health Services Union against Healthscope Operations, which alleged that Healthscope had breached consultation obligations under its enterprise agreement when it closed an onsite laundry at a hospital, which involved 12 employees. Healthscope asserted that the closure of the laundry did not constitute a 'major change' in the context of its size and complexity, and that its consultation obligations were not triggered. In any event, Healthscope contended that it had consulted the employees. The Court agreed with Healthscope's position. This decision is particularly timely with many organisations currently considering workforce reorganisations, and it has significant consequences in terms of clarifying when workforce change consultation obligations are triggered for large and multifaceted employers.
Implications for employers following the 2019 Federal Election
Now that employers have been given some time to digest the, according to the polls, unexpected result in Australia's 2019 Federal Election, many are still left questioning — what does the Coalition victory mean for the industrial relations and employment law landscape?
NSW advances energy transition with approval of Central-West Orana REZ Transmission Project
In more good news for NSW's energy transition focussed around renewable energy zones (REZ), on 26 June 2024 the Minister for Planning and Public Spaces (the Minister) granted an infrastructure approval to the Energy Corporation of NSW (EnergyCo) for the Central-West Orana REZ Transmission Project (the CWO Project). The Minister is the approval authority as the CWO Project is declared to be State Significant Infrastructure under the State Environmental Planning Policy (Planning Systems) 2021.
Partner Patrizia Mercuri appointed judge of the Federal Circuit Court
We wish to congratulate our own Patrizia (Pat) Mercuri who was recently appointed a judge of the Federal Circuit Court. This is a wonderful achievement for Pat whose commitment to legal excellence has been the cornerstone of her career as an industrial, discrimination and employment lawyer.
High Court gives green light to CFMEU administration
On 18 June 2025, the High Court of Australia unanimously held that the Federal Government's laws enacted last year forcibly placing the CFMEU Construction and General (C&G) Division into administration are legally valid.
Lander & Rogers family and relationship law practice eyes national growth
Australia's largest family law practice says legislative and procedural court changes have paved the way for national practice expansion.
Inquiry calls for major reform of Australia's insolvency regime
An inquiry has determined that Australia's insolvency regime is not fit for purpose and requires major reform.
Lander & Rogers appointed to the whole of Australian Government Legal Services Panel
Lander & Rogers is delighted to announce the firm's appointment to all legal areas in the Whole of Australian Government (WOAG) Legal Services Panel across every area of law and practice area, including: Workplace, Industrial Relations and Compensation Public Law Corporate and Commercial (General) Corporate and Commercial (Specialist) Property and Environment Legal Support Services
A question as to the jurisdiction of the Federal Circuit and Family Court of Australia (Division 1)
On 31 March 2022, the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) released a statement addressing concerns raised by the legal profession regarding the jurisdiction of Division 1 to hear and determine matters that were pending in the Family Court of Australia immediately prior to 1 September 2021.