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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 Melbourne

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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Court appoints contradictor in class action funder’s challenge to MIS rules
Adam Hochroth 2022-03-22 3:59 pm By Miklos Bolza Sydney

The Full Federal Court has appointed a contradictor to “take up the cudgels” against funder Litigation Capital Management, which has challenged a judgment refusing to find that a class action filed against Queensland electricity operators was not a managed investment scheme.

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Greensill says insurer BCC liable for misleading statements if IAG right
Article 2022-03-22 3:01 pm By Christine Caulfield Melbourne

Insurance Australia Group agent Bond & Credit Company owes damages for misleading representations to Greensill Capital if the insurer was not authorised to enter into a trade credit policy at the centre of four lawsuits over the collapse of the financial services firm, a court has been told.

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High Court grants Western Power special leave in bushfire class action
Brahma Dharmananda 2022-03-22 2:17 pm By Miklos Bolza Sydney

The High Court will hear a challenge by Western Power to an appeals court judgment which found that the state-owned electricity supplier breached its duty of care to inspect power poles on private land and was partly liable for property damage from the 2014 Perth Hills bushfire.

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Google should pay aggravated damages for video ‘abuse’ of Barilaro’s lawyers, court hears
Ashurst 2022-03-22 9:17 pm By Sam Matthews Melbourne

Counsel for John Barilaro on Tuesday detailed the online abuse his lawyers faced in acting in a defamation suit over videos posted by commentator Jordan Shanks, as the court heard YouTube owner Google has abandoned its last line of defence in the case.

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Developer misled buyers of $9.58M South Yarra apartment with ‘artistic impression’
Competition & Consumer Protection 2022-03-22 4:17 pm By Cindy Cameronne Sydney

Property developer JD Group will have to pay damages to a Melbourne couple after a judge found the company’s artistic renderings of a $9.58 million South Yarra apartment were “deliberately misleading”.

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7-Eleven ordered to pay $595,000 for misleading franchisee over term of lease
7-Eleven 2022-03-22 7:08 pm By Miklos Bolza Sydney

Convenience store giant 7-Eleven must hand over $595,000 to a franchisee found to have signed a franchise agreement and invested almost $796,000 into a Melbourne store under false pretences.

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Judge’s ‘blood boils’ over lack of cooperation in Domino’s class action
Class Actions 2022-03-21 2:07 pm By Cindy Cameronne Sydney

A judge has censured Domino’s Pizza and the lead applicant in an underpayments class action, saying their lack of cooperation made his “blood boil”.

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Torres Strait Islanders lay out duty of care claims in climate class action
Alicia Lyons 2022-03-21 2:10 pm By Miklos Bolza Sydney

The lead applicants in a class action by Torres Strait Islanders have detailed their argument for why the federal government has a duty of care to protect them from the effects of climate change, following a Full Court judgment that shot down the duty of care argument in a class action by Australian teenagers.

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Barilaro considered self-harm over ‘vile’ smear campaign aided by Google, trial told
Ashurst 2022-03-21 9:37 pm By Sam Matthews Melbourne

Former deputy premier of NSW John Barilaro considered “harming himself” after videos were posted by YouTuber Jordan Shanks as part of a “vile and particularly racist smear campaign” facilitated by Google, a court has heard.

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