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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

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

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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Judge rejects barrister’s fishing expedition in doggie defamation case
Bird & Bird 2022-12-06 5:15 pm By Sam Matthews

A judge has rejected barrister Gina Edwards’ “somewhat speculative” bid to issue interrogatories to Nine, weeks out from trial in a defamation case brought over the media company’s coverage of her custody battle for famed social media pooch Oscar the cavoodle.

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AAT overlooked deterrence in overturning SMSF auditor’s disqualification
ASIC 2022-12-05 11:42 pm By Cat Fredenburgh

A judge has set aside a tribunal’s decision not to disqualify a SMSF auditor for breaching independence rules, finding the tribunal had failed to consider general deterrence.

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Westpac can’t keep lid on total premiums paid in ‘junk’ insurance class actions
Allens 2022-12-05 11:34 pm By Sam Matthews

Westpac has lost a bid to keep group members in the dark about the premiums paid for allegedly worthless consumer credit insurance, information the bank said could inflate expectations about settlements worth $126 million reached in three class actions.

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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

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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Neurim’s patent for mini melatonin put to sleep
David Shavin 2022-12-05 10:50 pm By Sam Matthews

Israeli drug company Neurim Pharmaceuticals has lost a bid to patent a mini version of its melatonin tablet Circadin for children, after a successful challenge by Australian drug maker Generic Partners.

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As fast food titans go to trial, Hungry Jack’s says its burger ‘clever not deceptive’
Addisons 2022-12-05 10:12 pm By Christine Caulfield

Trial in the battle of the buns has begun, with McDonald’s laying out a case for why its rival’s Big Jack burger infringes its trade mark, and Hungry Jack’s firing back that consumers could not confuse its flame-grilled meal with the iconic Big Mac.

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Oil spill class action funder drops injunction bid against barrister
Agriculture 2022-12-05 8:33 pm By Christine Caulfield

A litigation funder has abandoned its case seeking to prevent counsel retained by the lead applicant in the settled Montara oil spill class action from providing independent legal advice.

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JD Group wins partial appeal in couple’s case over $10M off-the-plan apartment
Appeals 2022-12-02 2:44 pm By Christine Caulfield

Developer JD Group has scored a partial win in its challenge to a damages award to a Melbourne couple over a “deliberately misleading” rendering of a $9.6 million apartment, with a judge saying the case showed the “inherent risk” in buying apartments off-the-plan.

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