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Snap Fitness franchisee appeals denial of coverage for pandemic-related loss
Allens 2022-04-06 5:29 pm By Sam Matthews

Snap Fitness franchisee Dural 24/7 has appealed a ruling that found insurer Lloyd’s could rely on a conformity clause in its insurance contract to deny coverage to the NSW gym for losses related to the coronavirus pandemic.

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Qantas engineers lose appeal over COVID-19 stand down orders
COVID-19 2022-04-01 5:39 pm By Cindy Cameronne

Aircraft engineers for Qantas have lost a challenge to a ruling that the airline had no “genuine choice” when it stood them down in March 2020 during the COVID-19 pandemic.

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Insurer on hook for doctor’s costs in breast implant class action
Insurance 2022-03-31 1:59 pm By Sam Matthews

An appeals court has found that Avant Insurance must indemnify a plastic surgeon for his legal bills and the claims of all relevant group members in a class action over alleged botched breast augmentations.

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High Court won’t hear ALP members’ challenge to federal takeover of election
High Court 2022-03-31 10:49 pm By Cat Fredenburgh

The High Court has declined special leave to members of the Victorian Labor party to challenge a judge’s finding that the pre-selection of ALP candidates in Victorian electorates by federal administrators during their takeover of the state party was lawful.

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Airbags class action judge failed to grapple with ‘unknowable’ explosion risk, appeals court hears
Class Actions 2022-03-29 11:01 pm By Sam Matthews

The plaintiff in a class action against Volkswagen over allegedly deadly Takata airbags has told an appeals court his case was misunderstood by the trial judge, who found he failed to prove that cars fitted with the airbags were not of acceptable quality.

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Novartis challenges loss of experts in spat with Pharmacor over generic Gilenya
Intellectual Property 2022-03-28 3:25 pm By Christine Caulfield

Novartis wants to appeal a ruling in its dispute with generic drug maker Pharmacor over patents for its multiple sclerosis drug Gilenya that tossed three of its four experts out of an upcoming so-called hot tub.

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High Court to weigh in on peak indebtedness rule in win for Gunns liquidators
Restructuring & Insolvency 2022-03-25 5:44 pm By Miklos Bolza

The High Court will clarify the so-called peak indebtedness rule used by liquidators recouping payments to unsecured creditors, granting a special leave application brought by the liquidators of collapsed forestry giant Gunns Group.

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Law firm must pay former high earner ‘fruits of his victory’ pending appeal
Appeals 2022-03-24 1:43 pm By Cindy Cameronne

A Melbourne law firm has lost its bid to delay payment of a $184,000 judgment to a former junior lawyer who earned hundreds of thousands of dollars per year under a lucrative pay structure.

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WA Attorney General says he made ‘mistakes’ under oath in Clive Palmer trial
Defamation 2022-03-24 10:21 pm By Christine Caulfield

WA Attorney-General John Quigley wants a second go at his trial testimony in a defamation case brought by mining magnate Clive Palmer, admitting he made “mistakes” while giving evidence in the witness box.

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High Court to hear Spain’s sovereign immunity claims in $375M arbitration dispute
High Court 2022-03-23 10:23 pm By Cat Fredenburgh

The High Court has agreed to weigh in on whether an Australian court’s recognition of a $375 million international arbitration award against the kingdom of Spain violated the sovereign immunity doctrine.

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