Shaping Property in 2025: Navigating the Known Unknowns
Embracing the tide of change in your workplace.
There have been six recent unsuccessful shareholder class actions: Quintis, CBA, Crowley, Insignia, Iluka and Myer. On 7 May 2025, the Full Federal Court delivered its appeal judgment in the CBA case, partly overturning the decision. While the Court found CBA had breached continuous disclosure obligations, it ultimately dismissed the appeal.
The High Court of Australia ruled that a clause in Air Canada’s tariff, reflecting no financial limits for death or injury claims, restates liability limits under Articles 17 and 21 of the Montreal Convention 1999. The Court confirmed Air Canada did not waive these limits or defences, reaffirming the Convention’s primacy in air carriage liability.
A recent Full Court decision of the Federal Court has confirmed that shipowners cannot limit their liability for wreck removal costs in Australia. The ruling provides important clarity on the interpretation of international maritime conventions in the Australian context and offers persuasive guidance for similar disputes in other jurisdictions.
The UK Supreme Court confirmed that the time limitation under Article III, Rule 6 of the Hague-Visby Rules applies to wrongful delivery, even after discharge. The Court's reasoning, drawing on past rulings, emphasised that the rule covers post-discharge misdelivery, aligning with modern shipping practices.
