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‘Insureds are not only risks; they are people’: Judge slams TAL’s treatment of cancer patient’s claim
Chief Justice James Allsop 2021-03-10 10:28 pm By Cindy Cameronne

In another victory for ASIC in a case stemming from the banking royal commission, a judge has ruled that TAL Life Limited breached the Insurance Contracts Act after denying coverage to a cancer patient and threatening to recover $24,000 it had already paid to her.

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Can artificial intelligence be named inventor of a patent? Federal Court to rule
Intellectual Property 2021-03-10 5:48 pm By Miklos Bolza

The Federal Court is set to determine whether artificial intelligence can be the inventor of a patent, after an AI pioneer filed a challenge to an IP Australia finding that allowing a machine to be considered an inventor would render the Patents Act incapable of “sensible operation”.

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ATO wins High Court appeal against Travelex over mistaken $149,000 tax surplus
Tax 2021-03-10 3:45 pm By Miklos Bolza

The High Court has ruled that the tax office was not obliged to refund money for tax surpluses mistakenly issued under the GST Act, in a long-running legal dispute between the Commissioner of Taxation and foreign currency exchange Travelex.

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High Court says ‘no one size fits all’ when it comes to competing class actions
Class Actions 2021-03-10 10:18 am By Christine Caulfield

Judges have power to manage competing class actions by picking a winner in a so-called beauty parade, the High Court has ruled, but there is no one size fits all approach to the decision, and the law firm that files first is not guaranteed the coveted prize.

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Appeal filed after judge rejects bid for oral discovery in 7-Eleven class actions
Class Actions 2021-03-09 4:25 pm By Miklos Bolza

The lead plaintiffs in two class actions against 7-Eleven have appealed a decision rejecting the very first Federal Court application for oral discovery, which would have seen four former employees bound by confidentiality agreements give evidence.

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Two law firms can’t rep insurers in $309M dispute over Queensland LNG project
Insurance 2021-03-09 2:16 pm By Miklos Bolza

A judge has found a group of insurers defending a $309 million lawsuit over an Australia Pacific LNG project in Central Queensland cannot be represented by two law firms, saying it would not be in the interests of justice.

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Qantas, Virgin fight to shut down cases over defecting exec
Employment 2021-03-09 2:14 pm By Cindy Cameronne

The first battle in the legal tug of war between Qantas and Virgin over a defecting senior executive will centre on whose lawsuit should be the one to ventilate the dispute, a court heard Tuesday.

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Sandoz cross-claim seeks to block Merck Sharp & Dohme’s Januvia patent extension
Intellectual Property 2021-03-09 1:51 pm By Miklos Bolza

Generic pharmaceutical company Sandoz has hit back in an intellectual property lawsuit by Merck Sharp & Dohme, filing a cross-claim that seeks to undo an extension of time granted to the US drug manufacturer for a patent relating to its multibillion dollar Januvia and Janumet diabetes drugs.

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ANZ to seek privilege over sacked trader’s client files held by HWL Ebsworth
Business of Law 2021-03-09 12:06 pm By Christine Caulfield

ANZ will fight to keep a sacked trader from accessing a client file held by HWL Ebsworth, citing privilege over the documents, a court has heard.

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Insurers confirm coverage of Linchpin directors in class action, ASIC case
Financial Services 2021-03-08 11:04 pm By Christine Caulfield

After months of uncertainty and a scolding from the judge about “vague” excuses, former Linchpin Capital directors facing proceedings by ASIC and a class of investors have been given assurance that their legal costs will be covered under an insurance policy.

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