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Pre-case discovery not for determining recovery prospects, judge says in $350M Probuild spat
Allens 2023-07-04 4:19 pm By Sam Matthews

A judge has found that preliminary discovery does not extend to information about the likely recovery of a claim, rejecting an argument that the relevant rule allows prospective plaintiffs to test whether litigation will be “worthwhile”.

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7-Eleven ordered to pay $595,000 for misleading franchisee over term of lease
7-Eleven 2022-03-22 7:08 pm By Miklos Bolza

Convenience store giant 7-Eleven must hand over $595,000 to a franchisee found to have signed a franchise agreement and invested almost $796,000 into a Melbourne store under false pretences.

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QBE wins appeal in Opal Tower coverage row with Icon, but no success for Liberty
Appeals 2021-07-21 6:04 pm By Miklos Bolza

The Full Federal Court has found that Liberty Mutual Insurance, but not QBE, is required to cover Icon Construction’s losses stemming from the Opal Tower disaster, which has caused the builder $31 million in losses.

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Judge orders penalties of $1.4M in ASIC’s case against Dover Financial
ASIC 2021-03-05 6:17 pm By Cindy Cameronne

A judge has ordered that defunct Dover Financial Advisors and its former director pay $1.4 million in penalties for creating a misleading client protection policy he described as “an exercise in Orwellian doublespeak.”

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Insurer appeals ruling putting it on hook for Opal Tower coverage
Appeals 2020-11-17 10:37 am By Cat Fredenburgh

Insurer Liberty Mutual is challenging its loss in a coverage dispute with construction company Icon Co over $31 million in losses stemming from Sydney’s Opal Tower, whose residents were evacuated after cracks appeared in the tower’s walls on Christmas Eve in 2018.

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Icon wins dispute with insurers over Opal Tower coverage
Barry Nilsson Lawyers 2020-10-20 5:20 pm By Miklos Bolza

Construction firm Icon Co has won a coverage dispute with its insurers over $31 million in losses stemming from Sydney’s ill-fated Opal Tower, whose residents were evacuated after cracks appeared in the tower’s walls on Christmas Eve in 2018.

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Dover ignored lawyers’ warnings about ‘misleading’ client policy, court hears
ASIC 2020-06-01 5:12 pm By Miklos Bolza

Former Dover Financial director Terry McMaster on Monday admitted to personally drafting a so-called client protection policy described by a judge as an “exercise in Orwellian doublespeak”, as the court heard evidence that the defunct financial firm ignored red flags raised by two law firms about the policy.

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Judge OKs $49.5M settlement in NAB class action
Chris Caleo 2020-05-08 6:29 pm By Alison Eveleigh

A judge has signed off on a $49.5 million settlement in a class action against National Australia Bank over ‘junk insurance’, including millions in fees for the firm that brought the case on a no-win, no-fee basis, despite calling the settlement sum a “substantial compromise”.

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Group members to get policy cancellation info in NAB insurance class action settlement
Chris Caleo 2020-03-30 9:02 pm By Alison Eveleigh

A judge overseeing a class action against National Australia Bank over ‘junk insurance’ has ordered that potential group members be given information about cancelling the policies, but not before taking the applicants to task for not having the polices automatically cancelled as part of the $49.5 million settlement.

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Judge spots ‘fundamental flaw’ in NAB insurance class action settlement
Christopher Caleo 2020-02-25 10:25 pm By Miklos Bolza

A judge has questioned whether he should sign off on a $49.5 million settlement in a class action against National Australia Bank over allegedly worthless credit card insurance, which he said had a “fundamental flaw” because it did not contain a provision automatically cancelling group members’ policies.

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