The Federal Court (Jackman J) has dismissed a claim brought by ASIC in respect of the application of unfair contract term provisions in the ASIC Act to a standard form insurance contract.
The High Court has considered whether a Local Council can retain funds raised by an unlawful special levy on ratepayers after it had spent part of the funds on waterway maintenance for the benefit of ratepayers.
The NSW Supreme Court has determined the validity of a by-law in a strata scheme concerning a conditional exclusive use right over common property arising from a factually complex dispute.
The decision reverses an earlier determination of the ACCC refusing authorisation.
This week the High Court of Australia heard an important appeal concerning whether the offence and penalty provisions of a law of the Northern Territory apply to a Commonwealth Body.
The High Court has determined the circumstances in which provisions of the Australian Consumer Law can apply to a contract entered into outside of Australia.
The Federal Court of Australia has determined that $250 million in revenue transferred between Australian and Singaporean PepsiCo entities is assessable for royalties tax.
We are pleased to announce that Christopher Tran has joined Banco Chambers.
The decision affirms the trial findings that Ford vehicles fitted with the DPS6 transmission were defective and breached the guarantee of acceptable quality in the Australian Consumer Law, but also held events subsequent to purchase are relevant to the assessment of damages to prevent over-compensation.
The High Court's 2008 decision in Kennon v Spry on trust rights as property in family law proceedings has been given fresh consideration by the Family Court.
The High Court has ruled that the indefinite detention regime under the Migration Act is unconstitutional.
Sebastian Hartford Davis has published a new legal opinion on nature-related business risks for companies and their office holders.
Ruth Higgins will serve as the 43rd President of the NSW Bar Association.
Global Arbitration Review is bringing its GAR Live to Sydney on 28 November.
The Federal Court of Australia has ruled that the operators of the Ruby Princess cruise ship were negligent and in breach of consumer guarantees concerning the conduct of a cruise in 2020 that led to a significant COVID 19 outbreak.
The Federal Court has ruled in favour of a class action in preference to a union brought claim in relation to an underpayment claim brought on behalf of 300,000 McDonald's workers
Banco Chambers congratulates Ben Kremer, Declan Roche, Fiona Roughley, and Robert Yezerski on their well deserved appointments to Senior Counsel today.
Today Bromwich J delivered judgment in Australian Competition and Consumer Commission v Delta Building Automation Pty Ltd [2023] FCA 880, a cartel conduct prosecution.
The Federal Court imposed a $438 million civil penalty for systemic unconscionable conduct
A Professional Standards Committee Inquiry has determined that Dr Teo committed unsatisfactory professional conduct and has been reprimanded
Banco Chambers congratulates Clarissa Amato and Tom Blackburn SC on their inclusion in the 2023 Doyles Guide to leading Technology, Media and Telecommunications barristers.
The judgment wholly dismisses the proceedings and, amongst other things, found that Mr Roberts-Smith executed or directed the execution of four Afghan detainees.
Banco Chambers congratulates Robert Newlinds SC on his appointment as a Judge of the District Court of New South Wales today. He will be sworn in on 29 May 2023.
Last Friday the Commonwealth Government announced the appointment of Ruth Higgins SC to the Takeovers Panel.
On Monday the Full Federal Court handed down a judgement which addressed the proper approach to assessing claims for damages under section 272(1)(a) of the Australian Consumer Law for breach of the consumer guarantees.
Yesterday the High Court published a notable decision on the application of COVID 19 Public Health Orders to contracts.
The 2023 Edition of the Legal 500 Guide to the Australian Bar has highlighted the depth and expertise of Banco Chambers with the Chambers ranking as a Band 1 set in 3 areas.
Banco Chambers mourns our dear friend and colleague Sandy Dawson SC, who passed away on 28 November 2022. This is a terrible loss.
Banco Chambers was pleased to host the Public Interest Advocacy Centre in our lobby at Sixty Martin Place for their event with Australian playwright Suzie Miller, in discussion with writer Nicole Abadee on storytelling and social justice.
A new article from Fiona Roughley and Megan Caristo contributes to the body of published opinion on the lawfulness of the former Prime Minister’s “Secret Ministries”.
Banco Chambers' barristers have been featured across a range of practice areas in the 2022 Australian Edition of Whos Who Legal.
Banco Chambers warmly congratulates Nicholas Bender on his appointment to Silk.
The most recent editions of Doyles Guide for Commercial Litigation and Insolvency featured numerous Banco Barristers
Six Banco Barristers were featured in the latest edition of the guide.
Two recent decisions of interest concerning procedural fairness in the High Court, and a legal professional privilege claim in the Uber class action involved Banco Chambers barristers.
Vanessa Whittaker SC and Tim Breakspear SC were awarded Lawyer of the Year in their respective practice areas by Best Lawyers
Tim Breakspear has been listed as a preeminent practitioner for the eighth consecutive year.
Three judgments of interest were published this week involving Banco Barristers concerning the Cape Town Convention arising from the administration of Virgin Airways, the AFCA complaints handling process, and the scope of freezing orders as against third parties.
The last week has seen some important judgments and case developments featuring Banco barristers.
The Legal 500 2022 Guide to the Australia Bar has acknowledge Banco Chambers as a top tier set across a number of practice areas.
The 2022 Chambers & Partners Asia Pacific Guide, released today, has placed Banco Chambers as the top ranked Chambers in Sydney.
The High Court has ruled that the Port of Newcastle can charge Glencore increased access fees.
The High Court has held that when a plaintiff’s luxury vehicle is damaged they can recover as damages the reasonable costs incurred in hiring a replacement vehicle of broadly equivalent specifications while their damaged vehicle is being repaired.
A Federal Court judgment has found that Melissa Caddick used millions of investor funds to purchase assets in her own name and to meet personal expenses
Banco Chambers congratulates Anne Horvath SC on her inclusion in the Doyles Guide to leading professional indemnity barristers in NSW.
Banco Chambers congratulates Kristen Deards SC on her inclusion in the Doyles Guide to leading tax barristers in NSW.
Banco Chambers' expertise in competition law matters was recognised in the most recent edition of Doyles Guide to Australia's Leading Competition Law Barristers
Anne Horvath, David Sulan, and Tim Breakspear have been appointed Senior Counsel
The decision is the first time an Australian court has considered conflict of laws issues in the context of a representative proceeding and the enforceability of class action waiver clauses.
Kate Richardson SC and Danielle Forrester have been listed in the Doyles Guide to Leading Administrative and Public Law Barristers in Australia.
Jonathon Redwood SC and Tim Breakspear have been listed in the Doyles Guide to Leading Arbitration Barristers in Australia.
The Federal Court held that former training college, Phoenix Institute of Australia Pty Ltd, made false or misleading representations and implemented systems of unconscionable conduct in 2015 in relation to online diploma courses when marketing to students and enrolling them into those courses under the Commonwealth VET FEE-HELP loan program.
The Full Federal Court unanimously upheld an appeal by the ACCC in relation to Google Ads published by a private workplace relations advisor, Employsure Pty Ltd.
Banco Chambers congratulates its members for their strong showing in the 2021 edition of Doyles Guide to NSW Insolvency and Restructuring Barristers
The decision clears the way for Epic Games to continue to pursue its claims against Apple in the Federal Court of Australia.
Farid Assaf's new work provides comprehensive treatment of all aspects of winding up in insolvency.
The Federal Court has found that Ford vehicles fitted with the Powershift Transmission were not of acceptable quality.
Banco Chambers congratulates its members for their strong showing in the 2021 edition of Doyles Guide to NSW Commercial Litigation and Dispute Resolution Barristers
The action concerned the broadcast of a special investigation into the horse racing industry in Australia during an episode of the news and current affairs program, 7.30: “The Final Race: The dark side of the horse racing industry”.
These important proceedings before the Federal Court were determined in a judgment published on 16 April 2021.
Banco Chambers congratulates its 19 barristers featured in the 2021 edition of Best Lawyers.
Our new Workplace Conduct Policy reaffirms our commitment to ensuring respect and safety in the workplace
Tim Breakspear has been listed as a preeminent practitioner for the seventh consecutive year.
Banco Chambers warmly congratulates Andrew Coleman on his well deserved appointment.
Twelve Banco Chambers members were listed in the Legal 500 Guide
From 11 - 15 January Banco Chambers is open from 8.30am - 5.30pm each day. For any enquiries outside of these hours please contact the Clerk, Jeh Coutinho - 0422 499 580 or clerk@banco.net.au
The Chambers & Partners 2021 Guide to the Australian Bar features 17 Banco barristers across a range of areas.
Tom Blackburn SC and Anais d'Arville successfully defended defamation proceedings brought by two doctors in relation to the use of "Deep Sleep Therapy" at the Chelmsford Psychiatric Hospital in the 1960s and 70s.
300 owners of time share villas at the Palmer Coolum resort in Queensland have successfully settled a long running dispute with resort owner Clive Palmer.
Banco Chambers congratulates Kristen Deards SC on her inclusion in the Doyles Guide to leading tax barristers in NSW.
Anne has been acknowledged as a preeminent counsel in professional indemnity matters by the Doyles Guide to the Legal Profession
Robert Newlinds and Robert Pietriche appeared for the successful appellant in a challenge to the validity of a by-law that provided a blanket ban on pets in the Horizon Apartment Complex.
James Emmett, Jonathon Redwood, and Christopher Withers were each appointed Senior Counsel today.
Banco Chambers' expertise in competition law matters was recognised in the most recent edition of Doyles Guide to Australia's Leading Competition Law Barristers
Jonathon Redwood and Tim Breakspear's arbitration experience and expertise has been acknowledged in the 2020 edition of Whos Who Legal.
The Court has issued a new practice note for the case management of matters in its Professional Negligence List which changes to the way matters in the list will be run.
Banco barristers appeared in an important appeal to the Full Federal Court concerning the operation of the Australian Consumer Law in relation to “flushable” wipes.
12 Banco Barristers are featured in the 2020 edition of Doyles Guide to Insolvency & Restructuring barristers in NSW
Selected in person hearings have resumed while online court continues.
Banco Chambers congratulates its members for their strong showing in the 2020 edition of Doyles Guide to NSW Commercial Litigation and Dispute Resolution Barristers
The Western Australian Court of Appeal recently delivered judgment in Hancock Prospecting Pty Ltd v DFD Rhodes Pty Ltd [2020] WASCA 77. The decision illustrates the difficulties parties to an arbitration agreement may have in keeping a dispute within the confines of confidential arbitration, where the dispute involves non-parties to the arbitration agreement.
There were important developments this week with a number of courts in New South Wales announcing their plans to resume in-person hearings in the near future, although some of the technological solutions embraced in recent months may become part of the court’s ongoing practices.
A COVID 19 Page has been introduced to our website to collect all the latest news and resources in relation to COVID 19.
Banco Chambers' barristers have been sharing their experiences of virtual practice in an online CPD and have been appearing in new matters arising from the outbreak of COVID 19.
Final hearings are increasingly proceeding with virtual courtroom technology.
Since our last update, we have seen arrangements made in an increasing number of cases for final hearings and appeals to take place by videolink, including in large and complex matters.
While Banco Chambers remains open and operational at 60 Martin Place, Sydney, in the face of increasingly severe restrictions upon physical appearances in courts and tribunals until COVID-19 is resolved, Members of Banco Chambers are enthusiastically embracing all alternative means of appearance to keep matters moving through interlocutory stages towards settlement/mediation or final hearing/judgment.
Banco Chambers is open and operating during these difficult times.
Banco Chambers is pleased to launch a new website in conjunction with its recent relocation to 60 Martin Place.
In January 2020 Banco Chambers successfully completed its relocation to Levels 15 and 16 of the newly completed office development at 60 Martin Place, Sydney.