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

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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Former Leighton exec charged over foreign bribery plot
White Collar 2020-11-18 9:53 pm By Cat Fredenburgh

A former executive of a unit of Leighton Holdings has been arrested and charged with foreign bribery offences following a 9 year-investigation by the AFP into $106 million in bribes allegedly steered to Iraqi officials to win lucrative oil projects.

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Five law firms to spar over liability in $15M Dover Financial negligence case
Financial Services 2020-11-18 12:59 pm By Cat Fredenburgh

Two more law firms have been joined to a lawsuit by defunct financial advisor Dover Financial accusing three law firms of providing negligent advice regarding an inaptly titled client protection policy which a judge found was “highly misleading” and “an exercise in Orwellian doublespeak”.

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Epic Games takes competition battle with Apple to Australia
Competition & Consumer Protection 2020-11-17 11:12 pm By Cat Fredenburgh

Epic Games, maker of the popular Fortnite game, has taken its courtroom battle with Apple to Australia, hitting the tech giant with a lawsuit for allegedly abusing its market power.

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Insurer appeals ruling putting it on hook for Opal Tower coverage
Insurance 2020-11-17 10:37 am By Cat Fredenburgh

Insurer Liberty Mutual is challenging its loss in a coverage dispute with construction company Icon Co over $31 million in losses stemming from Sydney’s Opal Tower, whose residents were evacuated after cracks appeared in the tower’s walls on Christmas Eve in 2018.

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Ex-Linchpin Capital director can’t put disqualification challenge on ice
Financial Services 2020-11-16 3:01 pm By Cat Fredenburgh

A former director of defunct financial services company Linchpin Capital, who is facing a class action as well as civil penalty proceedings by ASIC, can’t put the brakes on his challenge to a five-year disqualification order by the regulator.

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Class action filings leap in Victoria as lawyers eye contingency fees
Class Actions 2020-11-16 12:58 pm By Cat Fredenburgh

Class action filings in the Victoria Supreme Court have more than doubled in 2020, a trend that’s likely to hold as law firms take advantage of a new law allowing them to earn contingency fees for running successful class actions.

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McDonald’s franchisee hit with $82,000 penalty for ‘systemic’ denial of drink and toilet breaks
Employment 2020-11-13 8:38 pm By Cat Fredenburgh

A McDonald’s franchisee has been ordered to pay $82,000 in penalties for systemically denying workers drink and toilet breaks and misleading them about their break entitlements, providing fuel for a class action investigation into the US fast food chain for allegedly denying workers rest breaks.

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Pfizer loses discovery lawsuit against Sandoz over Enbrel biosimilar
Intellectual Property 2020-11-13 4:58 pm By Cat Fredenburgh

A judge has dismissed Pfizer’s bid for preliminary discovery to pursue a possible patent infringement case against drug maker Sandoz over a generic version of its blockbuster rheumatoid arthritis biologic Enbrel.

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High Court won’t hear Kraft, Bega peanut butter trade dress dispute
Appeals 2020-11-13 4:27 pm By Cat Fredenburgh

The High Court won’t wade into Kraft-Heinz’s intellectual property dispute with Bega after the US food giant came up short twice its battle over the right to use its peanut butter trade dress in Australia.

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