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ASIC brings first-ever financial penalty case for alleged claims handling breach
ASIC 2022-12-08 5:07 pm By Cindy Cameronne Sydney

The Australian Securities and Investments Commission has brought proceedings against insurance company OnePath Life, marking the first time the corporate regulator is seeking financial penalties for an alleged failure to act with utmost good faith during claims handling.

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An ‘odd’ result: High Court told reputation can’t be ignored in Botox TM case
Angus Lang 2022-12-08 4:30 pm By Cindy Cameronne Sydney

A contradictor has argued that the High Court must consider the reputation of Botox maker Allergan’s trade marks in a cosmetic company’s challenge to a judgment finding it infringed the marks by marketing its topical creams as Botox alternatives.

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NSW government has to prove $3B light rail was ‘necessary’, class action says
Adam Hochroth 2022-12-07 4:38 pm By Cindy Cameronne Sydney

Closing a class action trial over Sydney’s $3 billion light rail, a lawyer for 3,500 small businesses told a judge Wednesday the NSW government had to show that building the tram network was a “reasonably necessary” addition to the city’s transport options.

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‘Spectre’ of business interruption class actions laid to rest with test cases, insurers argue
Chief Justice James Allsop 2022-12-06 10:26 pm By Cindy Cameronne Sydney

Insurers will file de-classing applications in four class actions on behalf of small businesses seeking coverage under business interruption policies for losses flowing from COVID-19 restrictions after their test cases largely failed. 

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Boral’s privilege claim upheld over EY investigation in shareholder class action
Accounting 2022-12-06 10:09 pm By Cindy Cameronne Sydney

Boral has won its bid to shield from shareholders in a class action three investigative reports, including one by accounting giant EY, concerning financial irregularities in the construction company’s North America windows business.

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Telstra on the outs with ACCC over Belong broadband speed claims
ACCC 2022-12-06 3:31 pm By Cindy Cameronne Sydney

The Australian Competition and Consumer Commission has brought proceedings against Telstra alleging it misled almost 9,000 customers about the upload speed of its budget internet provider Belong. 

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Contradictor blasts Shine’s ‘wholly unreasonable’ $100M legal bill in J&J class actions
Alec Leopold 2022-12-05 11:15 pm By Cindy Cameronne Sydney

A contradictor in two pelvic mesh class actions against Johnson & Johnson has opposed Shine Lawyers recovering $100 million in costs from a $300 million settlement, which a judge has preliminarily found is not fair and reasonable to group members.

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Grant Thornton sued by Quantum Graphite over 14-month trading suspension
Accounting 2022-12-02 10:56 pm By Cindy Cameronne Sydney

Mining company Quantum Graphite has filed proceedings against accounting firm Grant Thornton over a 2020 report that caused the Australian Stock Exchange to suspend trading in the mining company’s securities for 14 months.

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Santos loses appeal over $4.7B Barossa offshore drilling project
Allens 2022-12-02 1:14 pm By Cindy Cameronne Sydney

Santos has lost its challenge to a judge’s decision to revoke approval for its $4.7 billion offshore gas project because Tiwi Islanders were not properly consulted about the project.

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Judge laments ‘extremely slow’ COVID-19 hotel quarantine class action
Adam Hochroth 2022-12-01 9:35 pm By Cindy Cameronne Sydney

A judge has pulled up legal teams in a class action against the state of Victoria on behalf of businesses that allegedly suffered loss from the 2020 hotel quarantine debacle, saying progress in the case has been “extremely slow”.

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