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Judge wrong in case over insurer’s pre-existing condition term: ASIC
The corporate regulator has appealed a Federal Court decision that rejected part of its case against HCF Life Insurance over a pre-existing condition term in its policies that was found to be misleading but not unfair.
Construction PRO
Lifestyle Communities mulls appeal after exit fees found void
Retirement village operator Lifestyle Communities has foreshadowed an appeal after a tribunal ruled that exit fees charged to departing residents were void.
In ANZ class action, court approves third settlement GCO without altering rate
In the third decision approving an unaltered group costs order at the resolution of a class action, a judge has OK'd an $85 million settlement by ANZ, representing a $21 million payday for Maurice Blackburn.
Construction PRO
Court finds bar on anti-competitive contracts doesn’t apply to land
A judge hearing a dispute over a lot in Victoria's Merrifield Business Park has found that the Competition and Consumer Act's bar on contracts that substantially lessen competition does not apply to a market in land.
Public court lists not ‘free for all’, tribunal says in privacy loss for publisher
A tribunal has found a company that scrapes court databases broke privacy laws by failing to remove a litigant's name after charges against her were dropped, saying the public nature of court lists doesn't make republication a “free for all”.
Judge OKs Banksia receiver’s $10M deal with Mark Elliott estate, notes perversity of trust law
A judge has given the greenlight to a $10 million settlement with entities linked to late solicitor and Banksia class action mastermind Mark Elliott, noting the “perverse” difficulty of recovering more of the $70 million in assets held on trust.
Construction PRO
Roberts Co appeals decision on $3.2M after-hours payment claim
Roberts Co has appealed a decision which required it to pay the entirety of subcontractor Sharvain Facades $3.2 million payment claim, despite it being filed after hours on a Friday.
Judge vacates trial date in data scraping case against CoreLogic
A judge has vacated an upcoming trial date in a data scraping case against US-based CoreLogic to allow the analytics company more time to respond to a "weighty" report by a forensic accountant.
Ord Minnett wins appeal in fight with wealth advisor over wage entitlements
Stockbroking firm Ord Minnett has overturned a judgment finding it owed years of wages and other entitlements to a wealth adviser who was only paid in commissions.
Construction PRO
High Court asked to review price cut on land acquired for Melbourne freeway
The owners of land acquired to build a Melbourne freeway have asked the High Court to overturn an "erroneous" appeals court decision which left them with $2 million for land worth over $30 million, saying the case raises important questions about the Land Acquisition and Compensation Act.