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‘No duty to be decent and fair’: Allianz wins High Court appeal over cyclone damage claim
Insurance 2022-12-14 4:59 pm By Cindy Cameronne

Insurer Allianz has won its challenge to a decision forcing it to indemnify a north Queensland body corporate for cyclone damage despite non-disclosure of serious building defects, with the High Court finding insurers have no general duty to be “decent and fair”.

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High Court rejects Nine’s constitutional challenge to racial discrimination law
Media 2022-11-18 10:45 pm By Christine Caulfield

Nine has failed to persuade the High Court to take up a special case that would argue the Racial Discrimination Act infringes the broadcaster’s implied right of political speech, in a blow to its defence against a class action over its coverage of litigation related to the Palm Island riots.

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Ruby Princess COVID-19 outbreak ‘no accident’, class action trial hears
Class Actions 2022-10-12 9:02 pm By Cindy Cameronne

A COVID-19 outbreak aboard the Ruby Princess that left 28 people dead was “something that was very likely to happen” and the cruise should never have sailed, a court heard as a class action trial against Carnival PLC kicked off.

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Class action asks High Court to hear appeal over Ruby Princess’s foreign passengers
COVID-19 2022-09-12 11:17 am By Cindy Cameronne

A class action against cruise operator Carnival PLC over the 2020 COVID-19 outbreak aboard the Ruby Princess will ask the High Court to hear a challenge to a decision that found a class action waiver for foreign passengers was not unfair.

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Full Court upholds class action waiver in Ruby Princess case
COVID-19 2022-09-02 9:42 am By Cindy Cameronne

The Full Federal Court has thrown out a decision that found foreign passengers could join a class action against cruise operator Carnival PLC over the 2020 COVID-19 outbreak aboard the Ruby Princess, finding a class action waiver was not unfair.

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Class action can’t sue over government funding decisions, NT says
Class Actions 2022-03-03 3:57 pm By Miklos Bolza

The Northern Territory government has hit back at a class action over allegedly underresourced and discriminatory healthcare services in the Indigenous community of Wadeye, saying it cannot be sued over its funding decisions.

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Viterra to pay $168.9M for misleading Cargill during Joe White sale
Corporate 2022-02-17 2:05 pm By Cat Fredenburgh

Grain producer Viterra will be ordered to pay Cargill Australia $168.9 million after a judge found the Glencore-owned company  misrepresented the performance capabilities of malt producer Joe White when it sold the company for $420 million in 2013.

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Class action waiver in Ruby Princess cruise T&Cs not unfair, court told
Class Actions 2022-02-14 9:51 pm By Christine Caulfield

A class action waiver in the terms and conditions of tickets purchased by US passengers embarking on the fateful Ruby Princess cruise at the height of the first COVID-19 wave was neither unfair nor onerous, an appeals court has heard.

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Court finds Viterra engaged in deceit during $420M Joe White sale
Competition & Consumer Protection 2022-01-28 10:58 am By Cat Fredenburgh

Food giant Cargill Australia has won its lawsuit against Glencore-owned Viterra alleging it misrepresented the performance capabilities of malt producer Joe White when it sold the company for $420 million in 2013.

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Carnival keeps up fight to exclude foreign passengers from class action
Competition & Consumer Protection 2021-10-06 5:44 pm By Christine Caulfield

Carnival has launched a challenge to last month’s court finding that overseas passengers could remain group members in a class action over the 2020 Ruby Princess COVID-19 outbreak.

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