Constitutional cases page 1 of 2

16 articles are classified in All Articles > Legal > Constitutional cases

Challenge to retrospective law on casuals "still in development"

The law firm behind multiple class actions alleging the misclassification of casuals says it still expects to mount a High Court challenge to the Morrison Government's retrospective legislative changes that shave potential windfalls from multi-million dollar entitlement claims.

Court declines to intervene in Setka's Labor expulsion

The Victorian Supreme Court has refused to intervene in the federal ALP's efforts to oust CFMMEU construction and general division Victorian branch secretary John Setka from the party, finding the process is subject to the state party's rules.

Court whittles personal payments orders

The big stick handed to the ABCC in the form of personal payment orders against contravening union officials has been whittled further with two Federal Court decisions reinforcing that past records and a clear appreciation of consequences must first be taken into account.

Unions take election laws challenge to High Court

NSW unions have launched a High Court challenge to new state electoral funding laws that they allege were crafted to criminalise the trade union movement's core operating method and silence working people's dissenting political voices.

Court sends agreement case upstairs for ruling on 'jurisdiction' v 'power'

A lower court has asked the Federal Court to distinguish between "jurisdiction" and "powers" after wrestling with the question in a case where a union accused an employer of breaching its enterprise agreement and the employer counter-claimed that the agreement was not genuinely agreed.

UFU decries CFA's engagement of employer-clientele law firm

Hardline employer-clientele law firm Seyfarth Shaw developed an aggressive bargaining strategy for Victoria's Country Fire Authority that aimed to replace a culture of UFU "veto and control" with "consultation and influence", documents published by the Senate reveal.

Governments rally against challenge to anti-protest laws

Unions say they are closely watching former Greens leader Bob Brown's High Court challenge to Tasmania's anti-protest laws, which has seen the federal and four state governments – three of them Labor – lining up to defend the legislation.

Law firm tried to block partner's general protections claim

A top-tier law firm sought to block the Fair Work Commission from hearing a general protections involving a dismissal application from a former partner, arguing that his partnership was terminated rather than his employment.