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Onus on franchisor to prove $1.2M security would not kill class action, Full Court told
Appeals 2022-08-22 11:57 pm By Christine Caulfield

Fighting what they say is a stultifying $1.23 million order for security for defence costs in a class action, franchisees of Hog’s Breath Cafe have argued it is up to the restaurant chain to prove group members can pony up the dough.

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Nimble Money wins appeal in shareholder’s bid to peek at books
Appeals 2022-08-08 11:03 pm By Cindy Cameronne

The largest shareholder in payday lender Nimble has lost its challenge to a decision blocking it from accessing company documents about an impending debt refinance, with an appeals court finding the investor’s concerns had “an air of commercial unreality”.

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Crypto class action can’t have ‘luxury of litigating’ without costs, judge says
Benjamin Kidston 2022-07-21 1:03 pm By Sam Matthews

A judge has ordered the lead applicants in an unfunded class action against the Southport-based issuer of Qoin to cough up $750,000 in security, despite hearing submissions that the costs order would kill the case.

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IAG appeals to High Court, says JobKeeper should offset any COVID-19 payouts
Coronavirus 2022-03-22 10:38 pm By Christine Caulfield

While mostly prevailing in test cases over coverage for COVID-19 business interruption claims, Insurance Australia Group has asked the High Court to weigh in on what it says is a “radical” approach by an appeals court in the treatment of JobKeeper payments.

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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

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

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

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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More casuals class actions to be dropped in wake of High Court’s Rossato decision
Adam Hochroth 2021-12-01 3:35 pm By Miklos Bolza

Two law firms are seeking court approval to drop class actions brought on behalf of allegedly misclassified casual coal miners, in light of a High Court decision that “radically” decreased their chances of success.

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Top judge did ‘unexplained violence’ to Star’s business interruption policy, Full Court told
Adam Pomerenke 2021-11-08 9:42 pm By Miklos Bolza

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.

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High Court upholds challenge to backpacker tax
Appeals 2021-11-03 4:36 pm By Cat Fredenburgh

The High Court has found a 15 per cent ‘backpacker tax’ imposed on holders of Australian working holiday visas violates a double taxation agreement between Australia and the UK.

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