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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 Sydney

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 Sydney

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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Jaguar Land Rover facing second class action over ‘defective’ diesel filters
Automotive 2022-12-06 3:54 pm By Cat Fredenburgh

Jaguar Land Rover is staring down a second class action on behalf of consumers who purchased cars with allegedly defective diesel filters over an 11-year period.

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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 Melbourne

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 Sydney

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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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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Chemist Warehouse to stop selling Victoria’s Secret fragrances while lawsuit underway
Baker McKenzie 2022-12-02 1:54 pm By Sam Matthews Melbourne

US lingerie and beauty giant Victoria’s Secret has won undertakings from Chemist Warehouse to stop selling allegedly fake fragrance products until a trade mark suit against the pharmacy giant is decided.

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Corelogic again seeks to block copyright case over data scraping
Bianca Kabel 2022-12-02 1:24 pm By Sam Matthews Melbourne

Property data analytics firm CoreLogic is taking aim again at a lawsuit accusing it of unauthorised scraping of confidential information from building information provider BCI Media’s copyright-protected leads platform, months after a judge found the case was “defective and deficient”.

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