Business Law Library & Tracker

Selected Business Law Cases

Short explainers for court decisions that change how Australian businesses handle contracts, staff, customers, IP and company duties.

Sources last reviewed 7 Sept 2026

Main law guides

297

Acts, regulations and codes worth reading first

Topics

22

Plain-English clusters

Published case explainers

511

Selected cases with a business lesson

Tracked updates

125

New, amended & reviewed

Plain-English explainers, not legal advice. Use the linked official source for section-level detail, and get advice for your situation.

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511 cases shown
High Court of Australia[2023] HCA 396 Dec 2023

Karpik v Carnival plc

An overseas governing-law or jurisdiction clause does not automatically switch off the Australian Consumer Law for a business operating in Australia. Standard terms...

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Consumer Law & TradingDigital & EcommerceContracts & Commercial
Federal Court of Australia[2023] FCA 922

Kilimanjaro Consulting Pty Ltd v MYOB Australia Pty Ltd

If your business relies on a supplier for recurring fees, commissions, licence renewals or access credentials, review that arrangement before a dispute starts....

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Federal Court of Australia[2023] FCA 1412

McD Asia Pacific LLC v Hungry Jack's Pty Ltd

If you are launching a new product that sits close to a competitor’s flagship offering, do not assume the legal risk is a single trade mark question. This case...

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High Court of Australia[2023] HCA 18 Feb 2023

Metal Manufactures Pty Limited v Morton

Being owed more money than you recently received does not neutralise an unfair-preference claim. Suppliers should manage credit risk before insolvency, because a...

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Insolvency & RestructuringFinance, Payments & SecurityContracts & Commercial
High Court of Australia[2023] HCA 2713 Sept 2023

Qantas v TWU

Major workplace restructures need a clean decision record. If preventing employees from exercising future workplace rights is a substantial and operative reason for...

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Employment & Workplace
High Court of Australia[2023] HCA 386 Dec 2023

Real Estate Tool Box Pty Ltd v Campaigntrack Pty Ltd

Commissioning software does not make a client automatically liable for a developer's hidden copying. However, a clear no-infringement instruction is only a starting...

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IP & Brand ProtectionDigital & EcommerceContracts & Commercial
Federal Court of Australia[2023] FCA 750

Roberts-Smith v Fairfax Media Publications Pty Limited (No 42)

If your business is paying for someone else's court case, treat that arrangement as a serious governance and risk issue. This decision shows that a court may allow...

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High Court of Australia[2023] HCA 815 Mar 2023

Self Care IP Holdings v Allergan

Brand strategy should be checked before launch. Businesses need to consider registered marks, packaging, product naming and the overall impression created for...

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IP & Brand ProtectionConsumer Law & Trading
Federal Court of Australia[2023] FCA 920

Sharif v Vitruvian Investments Pty Ltd (No 3)

If your company believes an equity deal was induced by false information, do not try to fix it by board resolution and immediate changes to the register. This case...

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Federal Court of Australia[2023] FCA 565

United Petroleum Franchise Pty Ltd v Istanikzai (No 2)

Read this case as a litigation management decision, not a ruling on franchise rights. The court was concerned with whether it could sensibly assess overlap between...

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Federal Court of Australia[2022] FCA 1500

4th Dimension Transport Pty Ltd v Australian Couriers Pty Ltd

Read this case as a warning about drafting and network control. The dispute turned on a franchise deed that was accepted to be poorly drafted, especially clause...

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Federal Court of Australia[2022] FCA 1475

Australian Competition and Consumer Commission v BlueScope Steel Limited (No 5)

Business owners should read this case as a warning about pricing conversations and market coordination efforts. If your staff are discussing future prices, common...

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Federal Court of Australia[2022] FCA 1332

Edwards v Nine Network Australia Pty Ltd (No 2)

If your business is defending a claim, this decision shows the cost of leaving major pleading decisions too late. A court may permit some late amendments, but it...

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High Court of Australia[2022] HCA 19 Feb 2022

Personnel Contracting

A contractor label will not save a labour-hire or contractor model where the legal rights and obligations point to employment. Businesses should draft for the real...

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Employment & Workplace
High Court of Australia[2022] HCA 29 Feb 2022

ZG Operations v Jamsek

Long-running contractor relationships can still be genuine contractor arrangements where the contracts and business structure support independence, but businesses...

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Employment & WorkplaceFinance, Payments & Security
Full Federal Court of Australia[2021] FCAFC 14213 Aug 2021

ACCC v Employsure

Read this case as a warning about the whole structure of a paid search campaign. The legal risk did not come only from one phrase in isolation. It came from the...

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Consumer Law & TradingEmployment & Workplace
Federal Court of Australia[2021] FCA 36716 Apr 2021

ACCC v Google

Businesses collecting location or behavioural data should make privacy and consumer disclosures match the real product settings. Privacy wording can also be...

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Privacy & DataConsumer Law & Trading
High Court of Australia[2021] HCA 234 Aug 2021

WorkPac v Rossato

Employers should use clear casual contracts, but should not treat WorkPac as the whole answer. Casual employment rules changed after the case, so documents,...

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Employment & Workplace
Federal Court of Australia[2020] FCA 120320 Aug 2020

ACCC v HealthEngine

Data-sharing and review systems need to be designed honestly. A privacy disclosure problem can also become misleading conduct where users are not clearly told how...

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Privacy & DataConsumer Law & Trading
Federal Court of Australia[2020] FCA 167220 Nov 2020

ACCC v Jayco

Warranty wording and customer service scripts must not understate consumer guarantee rights. Even where a business wins much of a case, one wrong statement about...

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Consumer Law & TradingFood & Product Compliance
Federal Court of Australia[2020] FCA 100417 July 2020

ACCC v Kogan Australia

Sale pricing must be real. If a business raises prices before a promotion and then advertises a discount, the legal question is whether customers are actually...

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Consumer Law & TradingDigital & Ecommerce
Federal Court of Australia[2020] FCA 1620 Jan 2020

ACCC v Trivago

Read this case as a decision about what an ordinary consumer would take from a digital comparison service. If your website or app highlights a result as top,...

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Consumer Law & Trading
High Court of Australia[2020] HCA 411 Mar 2020

Australian Securities and Investments Commission v King

Responsibility follows real influence. Founders, group CEOs, shadow decision-makers and senior advisers cannot assume that the absence of a director title keeps...

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Companies & StartupsFinance, Payments & Security
High Court of Australia[2020] HCA 4112 Nov 2020

Calidad v Seiko Epson

A patent owner may not control every downstream use after first sale. Businesses refurbishing, repairing, importing or reselling patented products need to...

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IP & Brand ProtectionFood & Product Compliance
Full Federal Court of Australia[2020] FCAFC 6514 Apr 2020

Kraft v Bega

Treat get-up, packaging and product presentation as transaction assets. In this case, the Court's summary of the primary judgment was that the rights to the Peanut...

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IP & Brand ProtectionBusiness Registration & Operations
High Court of Australia[2020] HCA 2913 Aug 2020

Mondelez v AMWU

Employers should calculate personal/carer's leave through ordinary hours and payroll rules, not informal notions of a calendar day. Shift patterns and enterprise...

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Employment & Workplace
Federal Court of Australia[2019] FCA 728 Feb 2019

ACCC v Geowash

Franchise sales claims and upfront payments need hard controls. Money collected for site establishment, fit-out or setup should be used consistently with the...

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Franchising & Regulated Industries
Federal Court of Australia[2019] FCA 1218 Jan 2019

ACCC v Ultra Tune Australia

Read this case as a first instance Federal Court warning on franchise basics. If you run a franchise network, treat disclosure updates, marketing fund reporting,...

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Franchising & Regulated Industries
High Court of Australia[2019] HCA 1812 June 2019

ASIC v Kobelt

Kobelt is not permission to run informal credit loosely. Businesses dealing with vulnerable customers should treat credit, consent, account control and repayment...

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Finance, Payments & SecurityConsumer Law & Trading
High Court of Australia[2019] HCA 329 Oct 2019

Mann v Paterson Constructions

Construction contracts should make pricing, stages and variations clear. If a contract is terminated after repudiation, the contract price can still shape or limit...

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Construction & TradesContracts & Commercial
Federal Court of Australia[2018] FCA 104413 July 2018

ACCC v Servcorp

Small-business standard form contracts should not give the supplier one-sided control over renewal, price increases, termination, liability or security deposits....

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Contracts & CommercialConsumer Law & Trading
High Court of Australia[2018] HCA 414 Feb 2018

Probuild v Shade Systems

Security of payment adjudications are designed to be fast and hard to unwind. Principals and contractors need to raise jurisdictional objections promptly and treat...

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Construction & TradesContracts & Commercial
Full Federal Court of Australia[2018] FCAFC 13116 Aug 2018

WorkPac v Skene

Casual labels and casual loadings do not fix a relationship that is stable, predictable and treated like ongoing employment. Employers should use WorkPac v Skene as...

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Employment & Workplace
Federal Court of Australia[2017] FCA 122413 Oct 2017

ACCC v JJ Richards

If your business uses standard form contracts with small business customers, ACCC v JJ Richards is a strong reminder to review the whole template, not just one...

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Consumer Law & TradingBusiness Registration & Operations
Federal Court of Australia[2016] FCA 19624 Mar 2016

ACCC v Valve Corporation

Online businesses selling to Australian customers should assume the Australian Consumer Law applies, and refund or 'no returns' clauses cannot override consumer...

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Consumer Law & Trading
High Court of Australia[2016] HCA 2827 July 2016

Paciocco v ANZ

Fees and liquidated damages should be tied to legitimate business interests, not just estimated loss. Penalty-clause analysis is broader than a simple damages...

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Finance, Payments & SecurityContracts & Commercial