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Insurers defeat appeals in COVID-19 business interruption test cases
Adam Pomerenke 2022-02-21 5:11 pm By Christine Caulfield Melbourne

An appeals court challenge by a group of small businesses seeking coverage under business interruption insurance policies for losses flowing from COVID-19 restrictions has largely failed.

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High Court to hear BHP challenge to foreign investors in class action
Alistair Pound 2022-02-18 10:59 pm By Cat Fredenburgh Melbourne

BHP Group has been granted special leave from the High Court to appeal a ruling that rejected its bid to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster.

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Insurer has second crack at dodging doctor’s class action defence costs
Appeals 2022-02-17 9:32 pm By Bianca Hrovat Sydney

Avant Insurance has challenged a Federal Court judge’s interpretation of the Insurance Contracts Act in its second attempt to avoid liability for the defence costs of a plastic surgeon named in a class action brought over botched breast augmentations.

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Music festival organiser appeals ruling denying coverage for $3.2M COVID-related cancellation
Appeals 2022-02-17 5:20 pm By Cat Fredenburgh Melbourne

The organiser of the Big Red Bash outback music festival has appealed a judgment denying it coverage for $3.2 million cancellation of the festival during the first wave of the coronavirus pandemic

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ACCC faces tough questions in appeal of NSW Ports competition case
ACCC 2022-02-17 2:15 pm By Christine Caulfield Melbourne

An appeals court grilled counsel for the ACCC on the first day of a hearing challenging the dismissal of its case over a NSW government deal to privatise two ports, calling on the lawyer to spell out how the state was alleged to be in competition with the consortium that took over the ports.

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Ben Roberts-Smith reignites court battle with ex-wife over confidential emails
Appeals 2022-02-16 10:33 pm By Bianca Hrovat Sydney

Embattled war veteran Ben Roberts-Smith continues to pursue legal action against his ex-wife, having applied for leave to appeal a Federal Court decision disallowing cross-examination over allegations she accessed his private emails.

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CBA class action preps for class closure nod from Full Court
Appeals 2022-02-16 12:52 pm By Cat Fredenburgh Melbourne

Lawyers leading a class action against the Commonwealth Bank over its alleged money laundering compliance failures are getting their ducks in a row in the event the Full Court rules the court has the power to shut out unregistered group members from a class action.

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Class action waiver in Ruby Princess cruise T&Cs not unfair, court told
Amy Reid 2022-02-14 9:51 pm By Christine Caulfield Melbourne

A class action waiver in the terms and conditions of tickets purchased by US passengers embarking on the fateful Ruby Princess cruise at the height of the first COVID-19 wave was neither unfair nor onerous, an appeals court has heard.

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High Court to decide if class action shareholders can publicly grill directors
Appeals 2022-02-11 11:59 pm By Christine Caulfield Melbourne

A case before the High Court could have major implications for company directors, giving shareholders in class actions the power to drag them before court for public examination.

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High Court gives boost to gig economy, clarifies test for independent contractors
Appeals 2022-02-09 7:34 pm By Bianca Hrovat Sydney

The High Court has bolstered the position of businesses hiring independent contractors with two rulings clarifying the importance of the contract in determing the status of workers.

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