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NAB, HSBC should pay for Dick Smith receivers’ court loss, judge hears
Restructuring & Insolvency 2021-12-15 6:15 pm By Miklos Bolza

National Australia Bank and HSBC should be “jointly and severally liable” to pay a portion of the costs of a failed case brought by Dick Smith’s receivers against the company’s former directors because the banks stood to gain financially if the lawsuit was successful, the NSW Supreme Court has heard.

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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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‘Hundreds of lawyers’ could overwhelm combustible cladding class action, court told
Class Actions 2021-10-06 2:05 pm By Bianca Hrovat

“Hundreds of lawyers” could overwhelm Microsoft Teams if German cladding manufacturer 3A Composites continues adding cross-claimants in a class action over highly flammable building materials, a court has heard.

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Insurers accused of misleading policyholders in COVID-19 insurance class actions
Insurance 2021-10-05 2:36 pm By Bianca Hrovat

Insurers are misleading policyholders about class actions which seek compensation for those denied business interruption coverage for COVID-related shutdowns, a court has heard.

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Contingency fee law to blame for failure of first class action GCO bid
Class Actions 2021-09-16 11:27 pm By Christine Caulfield

A ruling this week that rejected the first application for a group costs order in a class action because the applicants were better off with their existing no win, no fee arrangement was the right decision given the limits of the legislation, experts say.

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Car makers to pay $52M to settle Takata airbags class actions
Class Actions 2021-09-15 3:36 pm By Cat Fredenburgh

Six of the world’s largest car makers have agreed to pay $52 million to settle class actions accusing them of selling cars with deadly Takata airbags.

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Judge rejects first ever bid for contingency fees in class action
Class Actions 2021-09-14 9:57 am By Christine Caulfield

Saying the interests of class action members “must be given primacy”, a judge has rejected the first bid for a group costs order in a class action since contingency fee legislation passed in Victoria.

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Hog’s Breath Cafe says franchisees behind class action ‘crying poor’ to avoid security
Class Actions 2021-09-10 10:16 pm By Bianca Hrovat

Franchisees of Hog’s Breath Cafe restaurant chain have been accused of “crying poor” by claiming COVID-19 robbed their restaurants of the cash flow required to pay security for costs in a class action launched against master franchisor HBCA.

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Santos accused of misleading market by ‘greenwashing’ natural gas claims
Environment 2021-08-26 6:20 pm By Bianca Hrovat

Leading Australian oil and gas producer Santos is accused of misleading the market by “greenwashing” its environmental credentials in a landmark shareholder-led lawsuit filed in the Federal Court.

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