Insights from our team
A High Price for False Sustainability
In the recent decision of Australian Securities and Investments Commission v Mercer Superannuation (Australia) Limited 2024 [FCA] 850, the Federal Court of Australia issued a landmark decision on greenwashing marketing tactics used in the financial services industry.
Guidance on the relevant principles in awarding costs
The recent decision of Commissioner of Police v Apanui [2024] NZCA 307 has provided further guidance on the relevant principles in awarding costs under s 364 of the Criminal Procedure Act 2011 (CPA).
Examining interim restraining orders
In Commissioner of Police v McLean [2024] NZHC 1813, the High Court examined the term “interim restraining order” and considered an application to strike out the Commissioner of Police’s restraining order application over the McLeans’ Taieri Road property….
Principles of Causation in Public Law Damages Claims
In Attorney-General v Putua [2024] NZCA 67, the Attorney-General successfully appealed a High Court decision ordering the Crown to pay $11,000 compensation to Mr Putua for a breach of the Bill of Rights Act 1990.
When is an undertaking for damages and costs required in proceeds of crime litigation?
The Court of Appeal has its say in Commissioner of Police v Salter on the issue of whether an undertaking for damages was required by the Commissioner of New Zealand Police in proceeds of crime litigation.
Regulating the vaping industry
In 2023, the Government made changes to the Smokefree Environments and Regulated Products Regulations 2021, reducing the maximum nicotine strength for nicotine salt vaping substances from 50 mg/mL to 28.5 mg/mL. Three companies involved in the manufacturing, importation and sale of vaping products in New Zealand brought judicial review proceedings challenging the Government’s decision
COVID misinformation leads to more professional misconduct for health practitioners
This decision demonstrates that, despite the general right to freedom of expression, practitioners can face professional consequences for making public statements related to health policy in their capacity as health professionals.
Emergent Challenges to Private Sector Enterprise and Public Policy: Smith v Fonterra
The Supreme Court has allowed claims of ‘climate system damage’ to proceed to trial, in a decision highlighting the ongoing role of common law in regulatory frameworks. Whatever the outcome of this particular claim, the Court’s reasoning suggests proceedings of this type may now become a tool to challenge alleged systemic harms resulting from not only private sector enterprise but public policy.