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CFMEU launches union-funded class action against Workpac
Employment 2019-08-21 4:47 pm By Amelia Birnie

The CFMEU will fund a landmark multi-million dollar class action against labour hire company Workpac seeking repayment of leave entitlements it claims are owed to more than 600 coalminers, in the latest casual employee challenge to hit the courts.

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Litigation must not descend into ‘staged trench warfare’, top judge tells ASIC, ANZ
Financial Services 2019-08-16 11:54 pm By Christine Caulfield

The Federal Court’s top judge has urged ASIC and ANZ to continue their “litigation good faith” in the corporate cop’s action over $35 million in allegedly illegal customer fees charged by the bank, and cautioned the two sides against slogging it out with a “staged trench warfare” mentality.

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Ultra Tune appeals ‘manifestly excessive’ penalty for breaching Franchising Code
Competition & Consumer Protection 2019-08-12 9:11 pm By Miklos Bolza

National car repair franchise Ultra Tune has argued in a Full Federal Court appeal that a $1.07 million penalty in an ACCC case was “manifestly excessive” because it was based on unintentional breaches of the Franchising Code of Conduct that were caused by tardy accountants and auditors.

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Full Court docket stacked with class action appeals
Appeals 2019-08-08 10:54 pm By Christine Caulfield

The Full Federal Court is set to hear appeals in four class actions in the August sitting, giving the court a chance to address important issues, including cost-capping in joint class actions and security for costs in unfunded cases. Here, we give you the run-down on each of the upcoming challenges.

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Icon sues insurers for $11M in coverage for Opal Tower saga
Insurance 2019-07-30 7:16 pm By Miklos Bolza

Construction group Icon Co has dragged insurers Liberty Mutual Insurance and QBE Underwriting to court for allegedly refusing to provide coverage after the Opal Tower disaster in December last year, which led to thousands of residents being evacuated.

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Pitcher Partners can’t escape $5.6M judgment over concealed accounting botch job
Appeals 2019-07-23 1:23 pm By Christine Caulfield

Pitcher Partners has lost it challenge to a ruling socking it with a $5.6 million bill for an accounting error concealed from client Neville’s Bus Service, with an appeals court saying there was a “clear and principled basis” to require the accounting firm to pay the sum awarded for loss and damage to the transport company.

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AIG loses appeal over insolvency exclusion in Kaboko Mining D&O policy
Insurance 2019-06-14 9:13 pm By Cat Fredenburgh

AIG Australia has failed to convince the Full Federal Court that an insolvency exclusion in a directors and officers policy held by Kaboko Mining should exempt it from covering claims brought by the collapsed mining company against four former executives after a failure to repay a US$5.95 million loan allegedly led to the company’s insolvency.

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NAB takes captive insurer, Lloyd’s units to court over coverage dispute
Insurance 2019-05-27 11:06 pm By Miklos Bolza

The National Australia Bank has filed a lawsuit against its Singapore-based captive insurance unit and three syndicates of global insurance giant Lloyd’s seeking coverage for two consumer redress schemes related to the bank’s sale of interest rate hedging products and fixed rate tailored business loans.

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BHP wins bid for High Court intervention in $82M fight with tax office
Tax 2019-05-15 10:42 pm By Christine Caulfield

The High Court has agreed to take up an appeal by mining giant BHP Group Limited in its battle with the Australian Tax Office over an $82M tax bill.

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Red Bull wins cancellation of Bullsone’s trade mark after auto parts company a no-show
Intellectual Property 2019-04-26 1:17 pm By Christine Caulfield

Energy drink giant Red Bull has won judgment against South Korea’s Bullsone in a battle over the auto parts company’s Australian trade mark for a leaping red and black bull. 

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