Traditional landowners in the Torres Strait have failed in an attempt to launch a class action lawsuit against the Commonwealth over climate change.
Michael Pelly
Legal writer
Michael has been a journalist and editor over the past 40 years at The Australian Financial Review, The Australian and The Sydney Morning Herald. He has been an advisor to state and federal attorneys-general, has a Masters in Law (UNSW) and is on the NSW roll of legal practitioners. He has written a biography of former High Court chief justice Murray Gleeson and a history of the NSW Law Society.
Contact Michael via email.
A recent US case shows the chief justice was on the money with his concerns about the impact of AI on the law, which he shared in an interview with Capital Brief.
Australia's top judge, Stephen Gageler, has used his first Australian interview to warn that AI could strike at the heart of our adversarial system of justice.
Capital Brief's legal writer Michael Pelly speaks to the chief justice about the seismic impact of AI on the law and the changing face of the High Court.
With parliaments slow to act — or not acting at all — courts have stepped in to police AI use and catch out litigants.
After a scathing court judgment, the ABC faces heat over its costly legal battles and a culture of fighting claims others would settle.
Top law firms are trialling autonomous AI tools to handle complex tasks like document analysis, aiming to boost accuracy and efficiency while managing emerging risks.
Australia now has a statutory tort of privacy — but with broad exemptions for journalists, the media is unlikely to ever be caught in its net.
Chief Justice Stephen Gageler has been biting his tongue over Justice Simon Steward's opposition to the implied freedom of political communication. No longer.
Mark Dreyfus says he hopes other NACC matters "can be resolved in a timely manner".
The Samuel Griffith Society is modelling itself on the US Federalist Society, while facing backlash for hosting disgraced former judge Dyson Heydon.
Is the corporate cop finally hitting its stride after years of being the “poor cousin” of Australia’s regulators?
The US president’s clash with the judiciary over deportation mirrors Australia’s decades-long struggle with the politics and law of immigration.
In the final days of the ASIC v Star hearing, Justice Michael Lee had some advice for directors and in-house counsel.
Justice Michael Lee has issued a sharp warning to directors during ASIC’s case against Star - your fees mean you have obligations.
Ben Roberts-Smith has lost his reputation as a war hero. Next could be his liberty.
Judges thought they had a promise from Labor that their pensions would be excluded from the increased tax on superannuation accounts worth more than $3 million.
Leading barrister Bret Walker SC argues moving ASIO and the AFP back to Home Affairs weakens oversight and diminishes the rule of law.
The nation's incoming first law officer isn't one to "fly by the seat of her pants", according to a former colleague.
ASIC's latest action against Macquarie, this time over long-term misreporting of short sales, shows the investment giant is firmly in the regulator's crosshairs.
Dreyfus is on his way out of cabinet thanks to a brutal factional power play. There are some obvious contenders to replace him.
The election result will likely shape who next leads Australia's top court, with the current deputy now appearing to be on the outer.
Labor's plan for a federal commission to handle complaints against judges is on the backburner.
A class action over the Gillard government's live export ban is back in court 11 years after it was first filed. At the heart of the case is a contest over cattle numbers.
EY advised Gordon Merchant on a “desirable structure” for his share sale. The ATO and the courts had a different view.
Lawyers are still a dominant force in federal parliament, and it's largely thanks to Labor.
After years defending his role on Hong Kong’s top court, French has quietly stepped down. He’s not saying exactly why.
The clash between PepsiCo and the tax office is being closely watched — particularly by US software companies.
The NSW judges on the High Court have formed a coalition that could shape the courts work until the chief justice retires in 2028.
Helen Haines was one of the architects of the National Anti Corruption Commission, but now has concerns about its "shaky start" and overall record.
On paper, the establishment of the National Anti-Corruption Commission is one of the Albanese government's biggest achievements. In practice, it has seriously underwhelmed.
It's not the first cyber breach of an Australian court system, but the infiltration of the NSW Online Registry is the most serious. So why did it take so long to call in the police?
After months of relative silence on non-competes, the Albanese government used its budget to announce a ban. But will it change anything?
A recess in ASIC's lawsuit against current and former Star Entertainment executives and directors is a moment of reflection for their in-house lawyers — and a perfect time for golf.
Former Star general counsel Paula Martin faced a tough start on Wednesday as she resumed giving evidence in ASIC’s case against the casino’s former executives and directors.
ASIC barrister James Arnott SC struggled to get Star’s former chief lawyer to admit much, beyond the fact that her name was Paula Martin.
The High Court has ruled that indigenous land owners are entitled to "just terms" compensation for acts between 1911 and 1978.