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Life insurer Select AFSL used unconscionable phone sales tactics, court finds
Anthony Cheshire 2022-07-11 2:25 pm By Cindy Cameronne

Insurer Select AFSL acted unconscionably when selling life, funeral and accidental injury insurance over the phone, a court has found in a case brought by the Australian Securities and Investments Commission.

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Zurich rails against ‘exorbitant exercise’ of power in NZ apartment class action
Andrew Bell 2022-07-06 7:31 pm By Sam Matthews

Irish insurer Zurich Insurance has appealed a judge’s finding that a class action filed against it in the NSW Supreme Court over a defective New Zealand apartment block could go ahead, arguing the finding was the result of federal overreach.

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Noni B owner must fork over docs over potential Spam Act violations
ACMA 2022-05-16 3:26 pm By Cindy Cameronne

Mosaic Brands has lost its appeal of a ruling ordering it to comply with a request for documents from the Australian Communications and Media Authority over alleged violations of the Spam Act. 

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‘Capricious’ conduct by Morrison government dooms Beetaloo gas contract
Australian Government Solicitor 2021-12-23 5:42 pm By Miklos Bolza

A judge has voided contracts between the Morrison government and a subsidiary of Empire Energy for gas exploration in the Beetaloo Basin after finding the decision to enter the agreement in the midst of litigation was “legally unreasonable or capricious”.

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Class action against Zurich over faulty apartments gets go-ahead
Australian Government Solicitor 2021-12-13 5:20 pm By Miklos Bolza

A class action against Irish insurer Zurich Insurance Plc by unit owners of the defective New Zealand-based Victopia Apartments can proceed in Australia after the NSW Supreme Court ruled the case could not be filed elsewhere.

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Beetaloo gas exploration was approved to ‘stymie’ climate change case, judge told
Australian Government Solicitor 2021-11-02 9:14 pm By Miklos Bolza

The Morrison government decision’s to enter into a contract with a subsidiary of Empire Energy for gas exploration in the Beetaloo Basin was an effort to “stymie” climate change litigation brought against the federal resources minister, a court has heard.

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Judge slams government for lacking ‘common courtesy’ in Beetaloo climate change case
Australian Government Solicitor 2021-09-14 3:28 pm By Miklos Bolza

A judge has rebuked the Morrison government for approving a gas exploration contract with a subsidiary of Empire Energy in the Beetaloo basin without notifying the environmental organisation leading a climate change lawsuit over the project.

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Maurice Blackburn did not breach obligations in TWE class action, Full Court finds
Appeals 2020-12-17 4:55 pm By Miklos Bolza

The Full Federal Court has tossed an appeal by Treasury Wine Estates claiming that Maurice Blackburn and barrister Guy Donnellan breached their obligations in preparing the pleadings in a current shareholder class action against the global winemaker.

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Law firm ‘took advantage’ of privileged position in filing Treasury Wines class action, court told
Appeals 2020-11-27 7:51 pm By Miklos Bolza

Treasury Wine Estates has accused plaintiffs law firm Maurice Blackburn and barrister Guy Donnellan of “taking advantage” of their privileged position by using evidence discovered in a settled class action to file a second case against the wine maker.

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Common fund order issue can’t be decided in ‘evidentiary vacuum’, NSW appeals court says
Ashurst 2020-10-30 11:06 pm By Christine Caulfield

The NSW Court of Appeal has passed on the question of whether a judge can make a common fund order when a class action settles to ensure a certain return to litigation funders, but the issue is not going away, whatever the Federal Court’s decision in a parallel case.

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