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Law firm investigates COVID-19 business interruption class action
Class Actions 2020-11-20 1:57 pm By Cat Fredenburgh Melbourne

Insurers may face a class action by holders of business interruption insurance that have had their COVID-19-related claims rejected, following their loss in a test case over whether an infectious disease exclusion in business interruption cover applies to coronavirus-related claims.

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Insurers lose COVID-19 business interruption test case
Bret Walker 2020-11-18 11:31 pm By Cat Fredenburgh Melbourne

Insurers will face a flood of pandemic-related claims after an appeals court ruled in a test case brought by the Insurance Council that certain infectious disease exclusions in business interruption cover do not apply to coronavirus-related claims.

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COVID-19 economic crisis, class actions and funded litigation
Class Actions 2020-11-11 12:30 pm By WP Creative

Will we see an increase in class actions and funded litigation following the COVID-19 financial crisis similar to that following the global financial crisis? If there is an onslaught of corporate failures, including failed managed investment schemes, then such litigation seems likely to ensue. However, in the last year, Parliament and the courts have taken steps which might slow such litigious activity, says Susan Goodman of Holding Redlich.

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Another aged care provider faces class action over COVID-19 outbreak
Carbone Lawyers 2020-11-09 12:15 pm By Cat Fredenburgh Melbourne

A nursing home in Melbourne’s Western suburbs may be hit with a class action over a COVID-19 outbreak at the facility that resulted in the deaths of 11 residents.

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COVID-19 lockdown challenge tossed by High Court
Bret Walker 2020-11-06 11:39 pm By Christine Caulfield Melbourne

The High Court has unanimously rejected a constitutional challenge against the Victorian government over its COVID-19 lockdown measures.

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Qantas engineers appeal COVID-19 stand down win for airline
Coronavirus 2020-11-06 2:10 pm By Christine Caulfield Melbourne

Aircraft engineers for Qantas are challenging a ruling that the airline had no “genuine choice” when it stood them down in March during the COVID-19 pandemic.

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High Court dismisses Clive Palmer’s challenge to WA’s COVID-19 border restrictions
Alison Hammond 2020-11-06 12:07 pm By Miklos Bolza Sydney

Billionaire Clive Palmer has lost his challenge to Western Australia’s COVID-19 border lockdown, with the High Court tossing the case after finding the state’s measures were constitutionally valid.

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COVID-19 eviction moratorium doesn’t apply to lease breach unrelated to rent, court finds
Bernard Lloyd 2020-11-03 5:08 pm By Miklos Bolza Sydney

Two Sydney-based companies have lost a bid to reinstate their commercial lease, with a judge rejecting submissions that the COVID-19 moratorium on evictions applied to rental agreement breaches that did not relate to rent. In a judgment delivered on October 28, NSW Supreme Court Justice Geoff Lindsay rejected an interlocutory application by First Renewable and…

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‘Urgent action had to be taken’: Court tosses challenge to Victoria’s COVID-19 curfew
Coronavirus 2020-11-02 2:18 pm By Miklos Bolza Sydney

The Victoria Supreme Court has dismissed a lawsuit by restaurant owner and Liberal member Michelle Loielo challenging the validity of the Victoria government’s now dropped COVID-19 curfew, with a judge finding that the measure was legal and “proportionate to the purpose of protecting public health”.

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Carnival looks to axe overseas passenger claims in Ruby Princess class action
Bret Walker 2020-10-26 12:19 pm By Cat Fredenburgh Melbourne

A fight is brewing over whether US and UK passengers aboard the Ruby Princess should be part of a class action against cruise operators Carnival and Princess Cruise Lines over their handling of a deadly coronavirus outbreak on the ship that has been linked to at least 20 deaths.

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