Justin Williams

A judge has raised concerns about bids to declass group proceedings over alleged business interruption losses during the height of the COVID-19 pandemic, saying the thousands of policyholders who registered for the class actions might reap more from the cases than making claims directly with their insurers.

A judge has railed against insurer QBE after it sent an email to brokers saying it could “in effect ignore” the court’s request that they notify clients about a class action on behalf of businesses that were denied business interruption coverage for COVID-19 related shutdowns. 

A judge has reluctantly hit Westpac with a $1.8 million penalty after the bank admitted to unconscionable conduct when trading on the morning of a $16 billion deal to privatise electricity provider Ausgrid, saying it was the maximum fine allowed under the relevant law.

In a victory for Zurich Australia, the Australian Securities and Investments Commission has lost its first-ever civil penalty case alleging an insurer failed to act with utmost good faith during claims handling.

A judge has refused a bid by four major insurers to obtain the names of small businesses that register to join COVID-19 business interruption class actions, saying he did not want the companies contacting group members. 

Subpoenas granting Fairfax access to thousands of emails to and from former soldier Ben Roberts-Smith, represent “a very real and profound intrusion into private affairs,” a court has heard.

A class action against a group of surgeons who worked for The Cosmetic Institute over allegedly incompetent breast augmentation procedures has been set down for trial over the “loud protest” of the defendants, with a judge choosing to accommodate the plaintiff’s no win, no fee counsel team. 

A group of surgeons who worked for The Cosmetic Institute are appealing a judge’s rejection of their bid to declass a representative proceeding on behalf of 13,500 patients who claim they suffered injury or complications from breast augmentation surgery. 

A judge has rejected a request by lawyers for Seven and the TV network’s billionaire chairman, Kerry Stokes, to issue a correction to his published decision ordering the production of over 8,600 emails exchanged with Ben Roberts-Smith’s lawyers in a defamation case.

ANZ’s $47 million settlement of a class action over its consumer credit insurance has been given the nod by a judge, who has also approved recovery of the cost of after-the-event insurance held by the law firm running the case.