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Monash IVF faces landmark class action over embryo destruction
Class Actions 2020-12-23 4:04 pm By Christine Caulfield

Major fertility clinic Monash IVF has been hit with a class action on behalf of at least 100 men and women demanding damages for the destruction of potentially viable embryos.

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Class action report pitches major reforms
Class Actions 2020-12-21 11:46 pm By Christine Caulfield

The latest inquiry report into class actions has put forward a suite of recommendations that would remake the class action regime by empowering the Federal Court to vary litigation funding agreements, requiring judges to hold class action beauty parades and making permanent the government’s temporary changes to continuous disclosure laws.

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Full Court ruling clarifies cover in business interruption insurance case
COVID-19 2020-12-21 3:45 pm By Christine Caulfield

The Full Federal Court has issued a mixed bag ruling in a business interruption insurance dispute between Suncorp subsidiary Vero Insurance and a Melbourne café and restaurant, which sought indemnity for losses incurred during the COVID-19 lockdowns.

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Training company AIPE on hook for $139M in compensation in ACCC case
Competition & Consumer Protection 2020-12-21 1:44 pm By Christine Caulfield

A judge has found a NSW training company is liable to pay $139 million for over 12,000 students who racked up VET FEE-HELP debts but failed to complete their courses due to an “unconscionable” enrolment system.

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Settlements in investor class actions against financial advisory firm get court OK
Class Actions 2020-12-21 1:39 pm By Christine Caulfield

A judge has signed off on settlements in two class actions against a defunct Sydney-based financial advisory firm by a group of Chinese investors over a property investment and visa scheme that allegedly saw group members lose $30 million in funds.

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J&J ordered to pay $40M in pelvic mesh class action costs as stay bid tossed by court
Product Liability 2020-12-21 1:03 pm By Christine Caulfield

A unit of Johnson & Johnson has been ordered to pay around $40 million in legal costs to the lead applicants in a class action over pelvic mesh implants after a judge dismissed the company’s bid to stay the costs until after a high profile appeal is heard next year.

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High Court asked to hear $10B COVID-19 business interruption case
Insurance 2020-12-18 10:55 pm By Christine Caulfield

The Insurance Council of Australia has asked the High Court to weigh in on its case against COVID-19 related claims in business interruption policies, following its high stakes loss in a ruling last month that found an infectious disease exclusion did not apply.

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Qantas did not misuse Jobkeeper, appeals court finds
Employment 2020-12-17 9:30 pm By Christine Caulfield

The terms of the Fair Work Act do not guarantee employees of Qantas or potentially any workers in Australia the right to entitlements such as annual leave for work done while receiving JobKeeper payments, the Full Federal Court has ruled.

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Judge OKs IAG class action settlement, rejects funder’s bid to recoup insurance
Class Actions 2020-12-17 3:01 pm By Christine Caulfield

A judge has signalled his intention to sign off on a $138 million settlement in a class action against IAG and approve a common fund order that gives the litigation funder a $34.5 million commission, but an application by the funder for reimbursement of after-the-event insurance has been refused.

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Lawsuit challenges government ban on overseas travel
COVID-19 2020-12-16 11:06 pm By Christine Caulfield

The Federal government is facing a legal challenge to its ban on overseas travel, the latest attempt to have a government-imposed COVID-19 restriction on movement quashed by a court.

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