
Daily wrap
Law firms have pocketed an extraordinary $48 million from a big shareholder class action against BHP, despite concerns their claimed costs were excessive.
Tarneen Onus Browne and Benny Zable, represented by the Human Rights Law Centre, have filed a legal and constitutional challenge in the Federal Court against the Victorian Assistant Police Commissioner’s decision to declare the entire Melbourne CBD and surrounds as a “designated area” for 6 months from 30 November 2025.
Billionaire battles Melbourne men over $30m coat hanger deal [The Australian paywall]
A bitter four-year dispute over $30m has reached court, with billionaire Raphael Geminder’s legal team going head-to-head with Melbourne men David Harris and Mark Gandur.
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CATCHWORDS - PRACTICE AND PROCEDURE – legal professional privilege – where BCC Trade Credit Pty Ltd stores its policy data in a ‘live’ cloud-based database provided by Tinubu Square SA – whether privilege attaches to a copy of the database held by third-party accountants providing forensic accounting and investigative support to legal advisers in order for those legal advisers to provide legal advice to the client – held: the copy is privileged – whether privilege is lost in circumstances where an unprivileged copy was not preserved and it was contemplated that modifications to the live database would be made – held: privilege not lost and should be upheld
The current Commonwealth statute book is replete with legislation that relies on the Commonwealth’s legislative power under s 51(xxxvii) of the Constitution to make laws with respect to matters referred to the Commonwealth Parliament by Australian state parliaments. This article examines uncertainties concerning the scope of the power by focusing on four drafting issues that legislative drafters have commonly needed to consider when preparing legislation for schemes that rely on the power. It is argued that these uncertainties are either overstated or can be addressed using appropriate drafting techniques. Consequently, the power offers a constitutionally sound cooperative mechanism that allows the Commonwealth and the states to legislate for issues of national concern when they individually have insufficient legislative power to do so.
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