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Top judge did ‘unexplained violence’ to Star’s business interruption policy, Full Court told
Insurance 2021-11-08 9:42 pm By Miklos Bolza

In rejecting a bid by The Star Entertainment Group to recoup losses stemming from the COVID-19 pandemic, the Federal Court’s Chief Justice did “real and unexplained violence” to the construction of a business interruption policy the casino giant had taken out with Chubb, the Full Court has heard.

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Insurers largely prevail in second COVID-19 test cases
Insurance 2021-10-08 5:13 pm By Christine Caulfield

Insurers have largely succeeded in challenging COVID-19 business interruption losses claimed by a group of small businesses, in an important second test case that could save the industry billions of dollars.

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QBE wins appeal in Opal Tower coverage row with Icon, but no success for Liberty
Insurance 2021-07-21 6:04 pm By Miklos Bolza

The Full Federal Court has found that Liberty Mutual Insurance, but not QBE, is required to cover Icon Construction’s losses stemming from the Opal Tower disaster, which has caused the builder $31 million in losses.

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Westpac gets lion’s share of proceeds from ‘anxious’ sale of collapsed fintech Sargon Group
Restructuring & Insolvency 2021-04-26 4:04 pm By Miklos Bolza

Westpac will recoup the majority of proceeds from the $29.6 million sale of collapsed fintech Sargon Group, with a judge calling the company’s liquidators “anxious sellers” who sold at speed and well below market value.

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Toyota class action seeks aggregate damages for ‘significant impact’ of defects on fuel use
Class Actions 2020-12-23 2:53 pm By Spencer Fowler Steen

A lawyer for group members in a class action against Toyota is seeking aggregate damages relating to vehicle defects that allegedly had a “significant impact” on fuel consumption.

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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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Icon wins dispute with insurers over Opal Tower coverage
Insurance 2020-10-20 5:20 pm By Miklos Bolza

Construction firm Icon Co has won a coverage dispute with its insurers over $31 million in losses stemming from Sydney’s ill-fated Opal Tower, whose residents were evacuated after cracks appeared in the tower’s walls on Christmas Eve in 2018.

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A tale of two class actions: Helmed by same legal team, Murray Goulburn, Banksia cases chart different paths
Feature 2020-10-05 5:14 pm By Christine Caulfield

The Murray Goulburn class action run by Elliott Legal bears similarities to the Banksia class action, a case rife with scandal and offered up by opponents as proof of the problems with the class action regime. The leading lawyers were the same in both cases. In one they have abandoned any claim to their fees and have walked away from their careers. In the other they walked away with $5 million.

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Murray Goulburn class action judge considered revisiting case in light of Banksia scandal
Class Actions 2020-09-29 11:56 pm By Christine Caulfield

The judge overseeing a settled class action against Murray Goulburn, which earned millions of dollars for the same legal team accused of serious misconduct in the running of the Banksia class action, invited the parties last month to reopen the case, concerned he had been misled when approving the lawyers’ costs.

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Judge won’t let Toyota ‘inject lawyers’ into class action referee process
Class Actions 2020-08-14 9:50 pm By Christine Caulfield

A judge has rejected a bid by car giant Toyota to provide unsolicited submissions to a court-appointed referee tasked with determining technical questions in the case, saying the application was the first he’d ever seen in 30 years.

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