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.
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.
An appeals court has unanimously rejected the Commissioner of Taxation’s latest bid to block Shell’s $2.3 billion tax deduction for the cost of exploration activities conducted as part of the Browse LNG project off the coast of Western Australia.
In rejecting a bid by The Star Entertainment Group to recoup losses stemming from the COVID-19 pandemic, the Federal Court’s Chief Justice did “real and unexplained violence” to the construction of a business interruption policy the casino giant had taken out with Chubb, the Full Court has heard.
A former financial planner found to have engaged in a data breach at National Australia Bank will have her adverse action lawsuit against the bank partially reheard after an appeals court found the judge who tossed the case failed to properly consider why she was fired.
An interlocutory decision in a class action against superannuation trustee Colonial First State Investments may have significant implications for how cases against super fund trustees are litigated in the future, says Slater & Gordon’s Jessica Zarkovic and Joel Gilbourd.
The Full Federal Court has issued a severe rebuke to a judge for his decision in an employment dispute, calling the judgment a “disordered stream of consciousness” and saying it had no choice but to send the matter back for a retrial.
Shareholders of the collapsed Babcock & Brown have failed in their challenge to a ruling tossing their cases for damages for disclosure breaches during the global financial crisis, with an appeals court finding the investors had not shown the breaches caused any loss.
The Full Court has thrown out a victory by Crown Resorts in a $100 million dispute over GST assessments on commissions and rebates paid to tour operators that directed international VIP gamblers to two of its casinos.
The lead applicant in a class action against CBA does not have the right to view fund management documents relevant to the case despite representing group members who share joint privilege with the bank over material, a judge has said, acknowledging the decision could create difficulties in class action proceedings.