This article examines commercial and regulatory litigation in the High Court
since Robert French was appointed Chief Justice in 2008. An analysis of six
cases reveals a spectrum of valour and caution, courage and coyness. The
French High Court has asserted judicial leadership and a public responsiveness
in some areas but in others it has retreated to a narrow incrementalism that pulls away from broader issues and leaves important questions unanswered. Although the article concludes that it is too early to determine a
particular judicial method of the French High Court (as compared to some of
its predecessors), it raises questions about what should be expected of Australia’s highest appellate court in this area