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keyboard_arrow_upLandmark decision ordering Shell to cut CO2 emissions from its global operations by 45% overturned by Hague Court of Appeal
On 12 November 2024, the Court of Appeal of the Hague overturned the landmark 2021 decision of the District Court of The Hague (District Court) in Milieudefensie et al v Royal Dutch Shell, which had ordered Shell to cut CO2 emissions from its global operations by 45% by the end of 2030.
Read moreYoung campaigners landmark victory for children’s rights as new coal-fired power generation deemed unconstitutional in South Africa
The High Court of South Africa ruled that the government’s plans to add 1,500 megawatts of new coal-fired power stations were “unlawful and invalid”. In a youth-driven petition brought by three civil society organisations, the Court found that the plans failed to adequately consider the impacts of coal-fired power on children’s rights, particularly their constitutional right to a healthy environment.
Read moreTribunal found Southern Restaurants imposed unreasonable conditions on a young breast-feeding mother leading to a finding of discrimination
A young breastfeeding mother was found to have been discriminated against by her employer and awarded $90,000 in compensation.
Read moreVictorian Coroner finds that trans and gender-diverse people face discrimination in healthcare
On 29 August 2024, the Coroner handed down her findings in the inquest into the death of AS.
Read moreThe right to a fair and public trial: considering a private meeting between a judge, complainant, and counsels for the prosecution and defence without the accused present
The High Court on 11 September 2024 overturned a decision made by the Court of Appeal of the Supreme Court of Victoria regarding issues of criminal procedure. The issue of criminal procedure concerned a meeting between the complainant, the judge, and counsel for both the prosecution and the accused (the accused being the respondent to this appeal) on the day before the judge presided over a special hearing to take the evidence of the complainant.
Read moreVictorian Court Recognises Invasion of Privacy as Actionable Right, Awards $30,000 in Damages
The Victorian County Court has recognised invasion of privacy as an actionable right under Australian common law which allowed the plaintiff to obtain relief for harm caused by information disclosed but not otherwise captured by alternate causes of action.
Read more“Piss off back to Pakistan”: Senator Hanson’s remarks amount to racial discrimination, the Federal Court finds
Faruqi v Hanson [2024] FCA 1264 In the much publicised case of Australian Tax Office (ATO)whistleblower Richard Boyle, the South Australian Court of Appeal has found that the Public Interest Disclosure Act 2013 (Cth) (the Act) does not provide whistleblowers with immunity from criminal, civil or administrative liability for actions taken in gathering evidence to support public interest disclosures (PID).
Read moreSouth Australian Court of Appeal rules whistleblowers have no immunity for gathering evidence to support public interest disclosures
Boyle v Director of Public Prosecutions (Cth) [2024] SASCA 73 In the much publicised case of Australian Tax Office (ATO) whistleblower Richard Boyle, the South Australian Court of Appeal has found that the Public Interest Disclosure Act 2013 (Cth) (the Act) does not provide whistleblowers with immunity from criminal, civil or administrative liability for actions taken in gathering evidence to support public interest disclosures (PID).
Read moreFederal Court upholds subpoena which requires civil society organisations to produce internal documents, potentially exposing them to pay legal costs to a large corporation
Munkara v Santos Na Barossa Pty Ltd (No 4) [2024] FCA 414The Federal Court of Australia (the Court) has upheld a subpoena to produce documents issued against three civil society organisations. These organisations are now required to produce internal documents and are at risk of having to pay a large corporation’s costs in association with proceedings that they were not a party to.
Read moreA mechanic has been awarded $44,000 in compensation after his employer failed to make reasonable adjustments to allow him to perform his role after an out-of-work injury.
Panazzolo v Don’s Mechanical and Diesel Service Pty Ltd [2023] FEDCFAMC2G 665Mark Panazzolo (the employee), a diesel mechanic, was successful in his claim against his former employer, Don’s Mechanical and Diesel Service Pty Ltd (Don’s Auto/the employer), for disability-based discrimination.
Read moreFederal Court of Australia finds that a transgender woman was indirectly discriminated against after exclusion from ‘women-only’ social media app
Tickle v Giggle for Girls Pty Ltd (No 2) [2024] FCA 960On 23 August, the Federal Court found that ‘Giggle for Girls’ had indirectly discriminated against a transgender woman by excluding her from an app which was designed as a ‘women-only safe space.’ This is the first court decision that determined that the Sex Discrimination Act 1984 (Cth) (SDA) protects transgender women from discrimination on the basis of their gender identity.
Read moreVictorian Court of Appeal upholds COVID-19 emergency directions finding no breach of freedom of political communication
Cotterill v Romanes [2023] VSCA 7 On 8 February 2023, the Victorian Court of Appeal dismissed an appeal from Cotterill v Romanes [2013] VSC 498.The Court of Appeal held that directions made in the context of the COVID-19 pandemic under the emergency powers in the Public Health and Wellbeing Act 2008 (Vic) (PHW Act) did not impermissibly burden the freedom of political communication implied in the Commonwealth Constitution.
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