Legal Intelligence · African Union

African Union legal & regulatory news

Briefly tracks court rulings, legislation, gazette notices, and regulatory developments across African Union — curated daily from African Union's courts, regulators, and leading legal publications. 40 updates tracked in the past 30 days, last updated 5 Aug.

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Legal News
Australia
Case Law

Australian High Court Quashes 30-Year Water Extraction Licence

The High Court of Australia has quashed a 30-year groundwater licence granted to Fortune Agribusiness Funds Management Pty Ltd, finding that the approving minister overlooked a legal precondition. The licence allowed the company to extract up to 40 billion litres of groundwater each year from a Northern Territory property. This decision is significant for practitioners as it highlights the importance of adhering to statutory requirements and ensuring that decision-makers are satisfied with special circumstances before granting longer-term licences. The court's ruling underscores the need for careful consideration and compliance with legislative provisions, particularly in high-stakes applications such as this one. Practitioners should take note of the court's emphasis on the minister's failure to form a necessary state of satisfaction, which invalidated the decision. The relevant statutes involved are the Water Act 1992 (NT), specifically section 60(4)(b), which requires the decision-maker to be satisfied that special circumstances justify longer-term licences. The court hierarchy is also relevant, as the High Court's quashing of the licence sends the matter back to the responsible minister for reconsideration according to law. The key parties involved are Mpwerempwer Aboriginal Corporation RNTBC, which represented the native title holders of the land, and Fortune Agribusiness Funds Management Pty Ltd, the company granted the licence. The Minister for Territory Families and Urban Housing as delegate of the Minister for the Environment is also a crucial party, having approved the licence without adhering to the statutory requirements. Practitioners should monitor this development closely, particularly in relation to high-stakes applications involving groundwater extraction licences. They should ensure that their clients' applications comply with statutory requirements and that decision-makers are satisfied with special circumstances before granting longer-term licences.

5 Aug
Australia
Case Law

Federal Circuit and Family Court of Australia: All Divorce Hearings by Webex from August 31, 2026

The Federal Circuit and Family Court of Australia (FCFCOA) has announced that all divorce hearings requiring parties to attend a hearing before a deputy registrar will proceed by Webex via an audio- and video-enabled link, effective 31 August 2026. This change follows the court's pilot program for electronic divorce hearings conducted via video for matters in the Parramatta, Townsville, and Rockhampton registries. The FCFCOA highlighted the success of its pilot program, which utilized Webex for proceedings before a deputy registrar as of 15 May 2026. The shift to electronic divorce hearings aims to make divorce hearings more accessible and efficient for parties and practitioners, aligning with the court's other electronic hearings before other registrars. The FCFCOA utilizes Webex because it provides a single static link for every divorce list, visible on the Commonwealth Courts Portal and on the daily court list the day before the scheduled hearing. This will help make the process more efficient for judges, registrars, and court staff, as parties and practitioners will not need to find the unique link prior to every court event. Practitioners should monitor this change and ensure they are familiar with using Webex for divorce hearings. They should also note that the presiding deputy registrar may permit parties or practitioners to appear without video if there are applicable technology limitations or safety concerns.

5 Aug
Australia
Case Law

UK Solicitor Posing as Police Officer to Obtain Nando's CCTV Footage

The UK solicitor Connor Johnstone has been handed a 12-month community order and an order to complete 260 hours of supervised unpaid work after posing as a police officer to obtain CCTV footage from Nando's restaurant in Warrington, Cheshire. This incident highlights the importance of maintaining professional boundaries and respecting the integrity of law enforcement agencies. Solicitors, like Johnstone, are expected to uphold high standards of conduct and adhere to the rules set by their regulatory bodies. The Solicitors Regulation Authority (SRA) has launched an investigation into this matter, which may lead to further disciplinary action against Johnstone. The relevant statutes and regulations in this case include the Solicitors Act 1974 and the Solicitors Regulation Authority Handbook, which outline the conduct expected of solicitors in England and Wales. The incident also raises questions about the potential consequences for individuals who impersonate law enforcement officers, as it is a serious offense that can lead to severe penalties. The key parties involved in this case are Connor Johnstone, the Greater Manchester solicitor, and the Solicitors Regulation Authority (SRA), which has launched an investigation into his conduct. The Cheshire Police also played a crucial role in uncovering the truth behind Johnstone's actions. Practitioners should be aware of the potential consequences for solicitors who engage in such behavior and ensure that they maintain professional boundaries at all times. Practitioner takeaway: Solicitors must remain vigilant and adhere to the rules set by their regulatory bodies, as any breach can lead to severe disciplinary action. Attorneys should also be mindful of the potential consequences for individuals who impersonate law enforcement officers and take steps to prevent such incidents from occurring in their own practices.

5 Aug
Australia
Legal News

Mallesons, Corrs pitch in on financing for Blackstone’s pickup of HSBC’s $36bn home loan portfolio

Mallesons and Corrs have advised on the financing for Blackstone’s acquisition of HSBC’s $36bn home loan portfolio, marking the biggest home loan portfolio sale worldwide. This significant transaction combines global private capital with an established Australian servicing platform, as Pepper Money Limited has been named the servicing partner to facilitate a smooth transition. The legal significance of this deal lies in its scale and complexity, requiring careful coordination across multiple commercial, legal, and regulatory workstreams. The appointment of Pepper Money as servicing partner maintains continuity for Australian borrowers, ensuring that they are not significantly impacted by HSBC's withdrawal from the retail banking market. In terms of legal context, the transaction involves the financing of a $36bn home loan portfolio, which is one of the largest loan portfolio sales and securitisations in Australia. The deal also highlights the growing role of private capital and asset-based finance in providing capital solutions for the residential mortgage market. Mallesons has stated that this is among the biggest financings of its kind in the APAC region. The key parties involved in this transaction include Blackstone, which acquired HSBC's home loan portfolio through a consortium of funds managed by Blackstone Credit & Insurance, Blackstone Tactical Opportunities, and Blackstone Real Estate Debt Strategies. Mallesons advised on the financing for this acquisition, while Corrs guided the arrangers, joint lead managers, and dealers on the financing. Pepper Money Limited has been appointed as the servicing partner to facilitate a smooth transition. Practitioners should take note of the growing trend of private capital and asset-based finance in providing capital solutions for the residential mortgage market. This deal highlights the increasing role of global private capital in Australia's financial markets, and attorneys should be aware of the implications of this trend on their clients' businesses.

4 Aug

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