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Judge slams ‘everything but the kitchen sink’ approach to Fair Work claims
Catherine Bembrick 2021-09-23 6:46 pm By Bianca Hrovat Sydney

A judge hearing a $2 million dispute between a former tenured professor and the University of New South Wales has lamented the lengthy pleadings filed in Fair Work cases, saying “everything but the kitchen sink seems to be thrown in, without any discrimination”.

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QBE says infectious disease exclusion applies to COVID-19 claims in Victoria
Allens 2021-09-22 4:58 pm By Miklos Bolza Sydney

While a first test case in NSW rejected insurers’ interpretation of infectious disease exclusions in COVID-19 business interruption policies, potentially putting the industry on the hook for billions of dollars in claims, QBE says the law is on its side in Victoria.

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Gina Rinehart’s daughter loses appeal bid to dodge arbitration over $4B family trust
Appeals 2021-09-22 2:37 pm By Miklos Bolza Sydney

The NSW Court of Appeal has refused to grant Bianca Rinehart leave to appeal a decision staying a lawsuit against her mother Gina Rinehart over ownership of a $4 billion family trust.

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Woolworths says $330M underpayments remediation should scuttle FWO’s case
Adero Law 2021-09-21 2:16 pm By Miklos Bolza Sydney

Supermarket giant Woolworths has denied the Fair Work Ombudsman is entitled to seek compensation for its underpayment of staff, saying its $330 million remediation to affected employees fully answers the regulator’s case.

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Princess, Regent theatres sue insurer for $20M in business interruption cover
Contracts 2021-09-20 2:34 pm By Miklos Bolza Sydney

The owners and operators of five Melbourne theatres have filed legal action against Ansvar Insurance seeking more than $20 million in business interruption cover for losses stemming from closures during the COVID-19 pandemic.

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Cross-claims make new case an abuse of process, Isuzu tells court
Bret Walker 2021-09-14 8:48 pm By Miklos Bolza Sydney

Truck company Isuzu has asked a court to shut down an $18 million lawsuit by Directed Electronics alleging copyright infringement, arguing that its own cross-claims –which substantially overlap with allegations in a 2017 case that went to trial — made it an abuse of process.

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‘Curious choice’ to sue PwC and not Baker McKenzie, judge says
Accounting 2021-09-13 2:00 pm By Bianca Hrovat Sydney

Chinese lender Aoyin must pay PricewaterhouseCoopers’ legal costs for a vacated trial after Aoyin’s eleventh hour decision to join Baker McKenzie to a $10 million cross-claim in a dispute concerning the accounting firm’s advice on its failed bid to launch the first Chinese incorporated bank in Australia.

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Lloyd’s denies ‘incomprehensible’ claims in COVID-19 business interruption class action
Christopher Withers 2021-09-10 3:21 pm By Miklos Bolza Sydney

Insurance giant Lloyd’s has rejected what it calls an “incomprehensible” class action pleading by Australian businesses that argue its business interruption policies should have indemnified them for losses stemming from COVID-19 lockdowns.

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AMP looks to shield chats with ex-DST director in poaching dispute
AMP 2021-09-09 6:24 pm By Cindy Cameronne Sydney

Software company DST Bluedoor is fighting to access communications between its former founding director and AMP in a $35.5 million legal stoush alleging the financial services firm induced 11 employees to jump ship after licensing its online platform.

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Insurer keeps up fight over doctor’s costs in breast implant class action
Appeals 2021-09-07 4:49 pm By Miklos Bolza Sydney

Avant Insurance has launched an appeal of a Federal Court judgment ordering it to cover the defence costs of a surgeon facing a class action by breast implant patients of defunct clinic the Cosmetic Institute.

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