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Insurer sued for denying COVID-19 lockdown loss claim
Insurance 2021-03-23 12:36 pm By Cindy Cameronne

A small business owner has launched proceedings against his insurer claiming he was wrongly denied pandemic coverage under a business interruption policy, one of many cases expected to be filed in the wake a landmark ruling on infectious disease exclusions that could cost insurers $10 billion.

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Daily Mail to use Footy Show segment in Erin Molan defamation fight
Defamation 2021-03-19 10:07 pm By Cindy Cameronne

The Daily Mail wants to question sports presenter Erin Molan over a segment on Nine’s The Footy Show four years ago in which she laughed at an off-colour joke, as part of the publisher’s truth defence to Molan’s claims that she has been falsely labelled a racist.

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Big Jack dispute between McDonald’s, Hungry Jack’s heats up after mediation fails
Intellectual Property 2021-03-19 7:24 pm By Cindy Cameronne

A dispute is cooking over Hungry Jack’s claim its Big Jack burger has 25 per cent more Aussie beef than the Big Mac, with McDonald’s saying it has tested the statement and found the Big Jack weighs less than its rival when cooked.

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Treasury Wine can seek security before contingency fee request decided
Class Actions 2021-03-18 9:14 pm By Cindy Cameronne

A judge has allowed Treasury Wine Estates to apply for security for costs before a group costs order application is decided, in a class action accusing the wine maker of breaching its continuous disclosure obligations.

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‘Disturbing number of similarities’: Judge slaps interim injunction on ‘RestQ’ trade mark use
Intellectual Property 2021-03-17 8:33 pm By Cindy Cameronne

A judge has issued an injunction temporarily barring use of the RestQ trade mark on sleep products sold by Martin & Pleasance because of a “disturbing” number of similarities with the marketing and appearance of an established competitor’s Rescue natural sleep aid product.

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‘I don’t go to court, I’m the boss’: Lawyer suing Daily Telegraph says poor hearing didn’t affect court attendance
Defamation 2021-03-17 4:31 pm By Cindy Cameronne

A Sydney criminal lawyer who alleges two Daily Telegraph articles defamed him by implying he was too old and deaf to represent clients has told a judge he doesn’t attend court much because he’s the “boss” at his law firm, not because he has suffered hearing loss. 

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ABC faces high bar in defence against Christian Porter’s defamation case
Analysis 2021-03-16 11:57 pm By Cindy Cameronne

Facing laws strongly favouring plaintiffs and defamation claims based on allegations of an historic rape with no witnesses, the ABC has an uphill battle in defending itself against Attorney-General Christian Porter’s case alleging the national broadcaster engaged in a campaign to destroy his reputation, experts say.

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‘Both of you don’t look that great’: Judge criticises parties in dispute over Qantas exec’s defection to Virgin
Employment 2021-03-16 4:54 pm By Cindy Cameronne

A judge has criticised the “clearly strategic” moves by Qantas and former senior executive Nick Rohrlach in their fight over whose lawsuit should resolve a dispute about the terms of his defection to competitor Virgin Australia.

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Ashurst poaches Clayton Utz partner to lead disputes team
People In The News 2021-03-15 7:02 pm By Cindy Cameronne

Ashurst has snagged a long-time commercial litigation partner from Clayton Utz as part of a planned “major expansion” of its disputes team.

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Lorna Jane says it believed activewear would protect users from COVID-19
COVID-19 2021-03-15 4:40 pm By Cindy Cameronne

Women’s activewear company Lorna Jane has defended ACCC allegations that it represented to consumers during that height of the coronavirus pandemic that its activewear would protect them from viruses including COVID-19, saying it had a reasonable and proper basis for making the claims. 

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