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Sunwater insurer doesn’t owe coverage for $440M Queensland floods class action
Insurance 2022-12-16 9:25 pm By Sam Matthews

Queensland government-owned water services provider Sunwater has lost a bid to overturn a judgment letting insurer Liberty Mutual Insurance off the hook for its share of a $440 million settlement in the Queensland floods class action.

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HarperCollins can make ā€˜bad reputationā€™ claims in deep sleep defamation case
Defamation 2022-12-16 9:41 pm By Cindy Cameronne

A psychiatrist that sued HarperCollins for defamation over a book on the use of deep sleep therapy at the Chelmsford Private Hospital in the 1970s has lost his bid to disallow the publisherā€™s claim that any damage he suffered was mitigated by his bad reputation.

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Twigg family fights knockout bid by Pitcher Partners
Accounting 2022-12-16 4:38 pm By Sam Matthews

Relatives of race car driver Max Twigg are fighting Pitcher Partnersā€™ bid to have a $127 million lawsuit dismissed as an abuse of process, rejecting the accounting firmā€™s argument that the proceedings were deliberately delayed for strategic reasons.

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Aristocrat wins $36M in patent infringement damages from pokies maker Konami
Intellectual Property 2022-12-15 4:44 pm By Sam Matthews

Gaming company Konami will cough up $35.9 million dollars to rival company Aristocrat Technologies next year, eight years after a judge found that it had violated Aristocratā€™s patent for a slot machine with an improved jackpot feature.

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Law firm bows out of contest to run class actions against Apple, Google
Competition & Consumer Protection 2022-12-15 5:31 pm By Cindy Cameronne

A law firm has dropped plans to bring a second set of class actions alleging Apple and Google engaged in anti-competitive conduct in operating their app stores, but will act as an “agent” for the first-to-file firm.

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High Court won’t hear appeal by payday lenders Cigno, BHF
High Court 2022-12-15 8:43 pm By Cat Fredenburgh

The High Court won’t hear an appeal by payday loan providers Cigna and BHF seeking to challenge a Full Court judgment that found they can’t dodge the obligations contained in the National Credit Code through their lending model.

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ā€˜No duty to be decent and fairā€™: 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 ā€œdecent and fairā€.

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High Court clarifies test for implied terms, says CoreLogic did not infringe photographer’s copyright
Intellectual Property 2022-12-14 5:56 pm By Sam Matthews

The High Court has found that property data analytics firm CoreLogic did not infringe a real estate photographer’s copyright by uploading images from realestate.com.au to its platform, overturning a decision of the Full Federal Court.

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ā€˜An unusual caseā€™: ACCC gives Booktopia more time to pay $6M penalty
Competition & Consumer Protection 2022-12-14 3:16 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has agreed to grant Booktopia more time to pay a $6 million penalty over an alleged misleading refund policy, after the online book retailer suffered a ā€œmassive fallā€ in its share price.

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Litigation privilege claim over Nine reporter’s emails denied in cavoodle defamation case
Trials 2022-12-14 3:41 pm By Sam Matthews

Nine has mostly lost its bid to shield documents produced under subpoena in a defamation case brought over A Current Affair’s coverage of barrister Gina Edwardsā€™ custody battle for famed social media pooch Oscar the cavoodle.

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