Independent Arbitrator

AUSTRALIA

Additional High Court Cases

COMMERCIAL LAW, TAXATION AND INTELLECTUAL PROPERTY

2026: Otsuka Pharmaceutical Co Ltd & Ors v Sun Pharma ANZ Pty Ltd: extension of pharmaceutical patents.

2026: Zonia Holdings Pty Ltd v CBA: corporations continuous disclosure obligations.

2026: Commissioner of Taxation v Merchant: Part IV ITAA schemes.

2025: Bed Bath ‘N’ Table v Global Retail Brands – intersection between trade mark law and misleading conduct.

2025: Kain v R & B Investments Pty Ltd  – common fund orders in group actions.

2024: ACCC v CFMEU – scope of arrangement or understanding under competition law.

2024: Cessnock City Council v 123 259 932 Pty Ltd - scope of the Amann Aviation damages principle.

2024: Commonwealth v Sanofi - recovery under the usual undertaking as to damages.

2024: Sky City Adelaide Pty Ltd v Treasurer of South Australia - casino revenue duty.

2024: Godolphin Australia Pty Ltd v Chief Commissioner of State Revenue - scope of primary production exemption from state land tax.

2024: Williams v Toyota Motor Corporation Australia Ltd - proper measure of damages under s 267 Australian Consumer Law.

2023: Redland City Council v Kozik - defences to restitution for wrongly imposed imposts by public authorities overpaid fees.

2023: Karpik v Carnival PLC - extra-territorial application of Australian Consumer Law.

2022: Self Care IP Holdings v Allergan - principles governing trade mark infringement.

2022: Metal Manufactures Pty Ltd v Morton - availability of set off under Corporations Act against unfair preference claim.

2022: BHP Group Ltd v Impiombato - whether Federal Court class action procedures are available in favour of foreign resident group members.

2021: Arsalan v Rixon; Nguyen v Cassim - assessment of damages for loss of use of non-income producing assets.

2020: Wigmans v AMP - regulation of overlapping class action.

2020: Berry v CCL Secure Pty Ltd - assessment of damages under Australian consumer law.

2020: Moore v Scenic Tours - whether claims for disappointment and distress from loss of expectation are personal injury damages.

2019-2020: Commonwealth v Helicopter Resources - application of accusatorial principle to compulsory examination of officers of corporations.

2019: Westpac Banking Corporation v Lenthall - availability of common fund orders in class actions.

2019: Connective Services Pty Ltd v Slea - prohibition on companies providing financial assistance for acquisition of shares

2018: ASIC v Lewski - directors duties and amendments to scheme constitution.

2018: Mighty River International Ltd v Mineral Resources Ltd - validity of Deed of Company Arrangement.

2018: Commissioner of Taxation v Thomas - treatment of franking credits and principle in Executor Trustee case.

2016: Blank v Commissioner of Taxation [2016] HCA 42 - whether amounts payable under profit participation arrangements upon termination of employment are assessable to taxation as ordinary income.

2015: Commissioner of Taxation v Australian Building Systems Pty Ltd (in liq) (2015) 90 ALJR 151 - application of Income Taxation Legislation to liquidators re monies received prior to assessment.

 2015: AstraZenecca AB v Apotex Pty Ltd (2015) 89 ALJR 798 – scope of obviousness/inventive step objection to validity of a patent under the Patents Act 1990 (Cth).

 2014: Wellington Capital v ASIC (2014) 254 CLR 288 – interpretation of deed governing managed investment scheme for compulsory buy-back of units.

 2014: Howard v Commissioner of Taxation (2014) 253 CLR 83 – whether equitable compensation received by a company director formed part of the director’s assessable income.

 2014: Thesis v Collector of Customs (2014) 250 CLR 664 – restrictions on scope of action for recovery of overpaid customs duty.

2012: International Litigation Partners Pte Ltd v Chameleon Mining NL (2012) 246 CLR 455 - whether financial product provisions of Corporations Act (Cth) require litigation funders to be licensed.

 2012: Andrews v Australian and New Zealand Banking Group Ltd (2012) 247 CLR 205 - application of equitable doctrine of penalties to bank exception fees.

 2012: Australian Securities and Investments Commission v Hellicar (2012) 247 CLR 345 - liability of public company directors for release by company to market.

 2010: Commissioner of Taxation v Bamford (2010) 240 CLR – application of Income Tax Legislation to discretionary trusts.

 2009: Campbell v Backoffice Investments Pty Ltd (2009) 238 CLR 304 – interaction of contract law and Trade Practices Act; scope of oppression remedy in company law.

 2008: Kennon v Spry (2008) 238 CLR 366 – scope of powers of Family Court of Australia to make orders affecting beneficiaries of a discretionary trust.

ABORIGINAL LAND RIGHTS

 2015: Queensland v Congoo (2015) 256 CLR 239 – whether Commonwealth military orders taking temporary possession of land during World War II extinguished native title at common law.

2013: Leo Akiba v Commonwealth of Australia (2013) 250 CLR 209 – whether fishery licensing scheme extinguished native title rights to fish in the Torres Strait.

2008: Minister administering the Crown Lands Act v NSW Aboriginal Land Council (2008) 237 CLR 285 – whether land is neither used not occupied enabling claim under Aboriginal Land Rights Act 1983 (NSW).

PUBLIC, REGULATORY AND COMPETITION LAW

2016: Australian Competition and Consumer Commission v Flight Centre Travel Group Limited [2016] HCA 49 - application of price fixing prohibitions to conduct between a principal and an agent.

2015: Commonwealth of Australia v Director, Fair Work Building Inspectorate v CMEU (2015) 326 ALR 476  – the principles governing the assessment of civil penalties, particularly where the parties are in agreement.

2015: Australian Communications and Media Authority v Today FM (Sydney) (2015) 252 CLR 352 – scope of Parliament to authorise abody regulating the media industry to make findings of breach of the criminal law as part of a licensing decision.

2013: Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 – application of misleading and deceptive conduct provisions of consumer protection law.

2013: Minister of Immigration and Citizenship v Li (2013) 249 CLR 332 – scope of judicial review of administrative action on the ground of “unreasonableness”.

2013: Kline v Official Secretary to Governor-General (2013) 249 CLR 645 – whether Freedom of Information Act 1982 (Cth) requires access to documents held by the Governor-General relating to conferral of official Australian awards.

2012: The Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal (2012) 246 CLR 379 - application of regulatory scheme to enable open access to railway lines in the Pilbara.

2007: East Australia Pipeline Company v ACCC (2007) 233 CLR 229 - application of regulatory scheme to set capital base for gas pipelines.

CRIMINAL LAW

2025: Obeid v The King: elements of conspiracy.

2025: R v McGregor – availability of aggregate sentencing in federal jurisdiction and with mandatory minimum sentences.

2024: R v Kola - proper directions in conspiracy trials involving strict liability elements.

2023: The King v Jacobs Group Australia Pty Ltd formerly known as Sinclair Knight Merz - maximum penalties for sentencing for foreign bribery.

2023: Hurt v The King; Delzotto v The King - application of mandatory minimum sentencing provisions.

2016: Alquidsi v Commonwealth of Australia (2016) 90 ALJR 711 - whether statutory permission for criminal trial by judge alone contravenes the guarantee of trial of jury for federal offences in the Commonwealth Constitution (s 80).

2015: Commissioner of Australian Federal Police v Zhao (2015) 255 CLR 46 – stay of civil forfeiture proceedings in favour of overlapping criminal proceedings. 

2013: CDPP v Keating (2013) 248 CLR 459 – whether social security legislation imposed retrospective duties on welfare recipients subjecting them to criminal liability.

2011: Green v The Queen (2011) 244 CLR 462– principles governing parity in sentencing.

2011: Hargreaves v The Queen (2011) 245 CLR 257 – principles governing application of criminal proviso in sentencing.

TORT, COMPENSATION AND EMPLOYMENT LAW

2025: AA v Trustees of the Roman Catholic Church: non-delegable duty.

2025: Hunt Leather v TfNSW  – scope of private nuisance doctrine.

2025: Helensburgh Coal Pty Ltd v Bartley  – genuine redundancy in employee wrongful dismissal claims.

2025: R Lawyers v Mr Daily - limitation period for claims against solicitor re binding financial agreement in family law

2023: Qantas Airways Limited v Transport Workers Union of Australia - general protections of Fair Work Act.

2022: Electricity Networks Corporation v Herridge - scope of liability in tort of electricity distributor.

2021: ABCRA ats Tapp: principles governing Civil Liability Act claims.

2020: Roy v O’Neill - implied licence to enter property and proactive policing.

2018: Amaca Pty Ltd v Latz - assessment of personal injury damages for “lost years”.

2013: Comcare v PVWY (2013) 250 CLR 246 – application of workers compensation statutes where injury occurs away from workplace on work trip.

2013: New South Wales v Kable (2013) 252 CLR 118 – whether action for false imprisonment is available where person is detained under an order of a superior court pursuant to legislation found later to be invalid.

2011: Amaca v Booth (2011) 246 CLR 36  – principles governing establishment of causation in asbestos tort cases.

2009: Wicks v State Rail Authority of New South Wales (2009) 239 CLR 51 – principles governing liability in tort for pure mental harm arising from shock suffered by a rescuer.

2009: Sydney Water Corporation v Turano (2009) 239 CLR 51 – principles governing liability in negligence of a public authority engaged in pipe laying works.

2009: Visscher v The Honourable President Justice Giudice (2009) 239 CLR 361 – whether contract of employment survives a repudiation by employer which is not accepted by employee.

2009: Hickson v Goodman Fielder Ltd (2009) 237 CLR 130 – whether workers compensation payback is reduced for contributory negligence.