In Jensen v. Samsung Electronics Co. Ltd., 2023 FCA 89, the Federal Court of Appeal (the “Court”) upheld the lower court’s refusal to certify a proposed class action involving.
Kelvin Yuen of DLA Piper discusses a recent decision that clarifies several key transfer pricing principles in Australia and highlights the importance of expert witnesses.
On December 6, 2021, the Federal Court of Appeal (“FCA”) affirmed the Federal Court’s decision in Denso Manufacturing Canada Inc. v. Canada (National Revenue), which had dismissed the.
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In Short
The Situation: In a landmark judgment, on 27 May 2021, the Federal Court of Australia ruled in
Sharma v Minister for the Environment [2021] FCA 560 (
Sharma) that, when deciding whether or not to grant approval to a coal mine development, the Federal Minister for the Environment owed a duty of care to all children under the age of 18 who ordinarily reside in Australia to avoid causing them personal injury as a consequence of increased carbon dioxide emissions.
The Result: The finding that government decision-makers owe a duty of care to Australian children to protect them from harms caused by climate change breaks new legal ground in Australia. If