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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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Franchisees appeal $1.2M security order in Hog’s Breath Cafe class action
Class Actions 2022-02-18 10:00 pm By Christine Caulfield Melbourne

Franchisees of the Hog’s Breath Cafe restaurant chain are challenging a ruling that they hand over $1.23 million in security for the defence costs of the franchisor in their class action.

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Government loses evidence spat on eve of damages trial in Navy training class action
Class Actions 2022-02-18 7:29 pm By Sam Matthews Melbourne

The federal government has lost a bid to submit additional evidence ahead of an upcoming damages trial in a class action brought on behalf of 200 Navy marine technicians over a breached training contract. 

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Judge finds ‘no immediate threat’ of harm in ASIC’s contempt case against Mayfair’s Mawhinney
Angel Aleksov 2022-02-18 4:19 pm By Bianca Hrovat Sydney

The Australian Securities and Investments Commission has lost an interim injunction bid against the director of investment firm Mayfair 101 in its case seeking a contempt finding, despite arguing there was a substantial risk of harm to consumers.

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Class action against Suncorp unit wants opt out notice delayed till eve of trial
Automotive 2022-02-18 1:55 pm By Christine Caulfield Melbourne

The law firm behind a consumer class action against Suncorp subsidiary AAI over add-on car insurance says notices to group members should not be sent until the case is ready for trial and the “information asymmetry” is corrected.

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Priceline class action on verge of collapse as funder withdraws
Class Actions 2022-02-18 1:18 pm By Cat Fredenburgh Melbourne

The funder that was bankrolling a class action alleging pharmacy giant Priceline exercised an “overly prescriptive level of control” on franchisees which limited their profitability has withdrawn its support for the proceeding.

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New funder signs on for Mesoblast shareholder class action
Class Actions 2022-02-18 10:58 am By Cat Fredenburgh Melbourne

A new funder is backing a shareholder class action that will be brought against Australian regenerative medicine company Mesoblast over disclosures related to its Remestemcel-L treatment for COVID-19 complications.

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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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Settlement in GetSwift shareholder class action off the table for now
Alan Shearer 2022-02-17 5:00 pm By Christine Caulfield Melbourne

A settlement in a shareholder class action against GetSwift has collapsed as the logistics company seeks to secure financing to keep it afloat and pay the final portion of the deal’s $1.5 million cash component.

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