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QBE wins appeal in Opal Tower coverage row with Icon, but no success for Liberty
Insurance 2021-07-21 6:04 pm By Miklos Bolza

The Full Federal Court has found that Liberty Mutual Insurance, but not QBE, is required to cover Icon Construction’s losses stemming from the Opal Tower disaster, which has caused the builder $31 million in losses.

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ASIC wants Allianz to pay $1.5M penalty for travel insurance sold on Expedia
Insurance 2021-07-13 1:46 pm By Miklos Bolza

ASIC is seeking $1.5 million in penalties against insurers Allianz and AWP after they admitted to misleading or deceiving the public by selling travel insurance to ineligible customers through three Expedia-owned websites.

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Failed insurance brokerage can’t get cover from Chubb for director’s alleged theft
Insurance 2021-07-12 3:47 pm By Cindy Cameronne

A judge has denied defunct insurance broker All Class Insurance its bid for indemnity cover for the alleged theft of company funds by its director, finding the director misappropriated trust funds and fraudulently did not disclose the conduct to insurer Chubb Insurance.

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Second COVID-19 insurance test case to be decided by end of year
COVID-19 2021-07-07 1:38 pm By Cat Fredenburgh

A COVID-19 business interruption test case that was filed in the Federal Court following a landmark loss for insurers in test case before the NSW Court of Appeal, will be determined along with any appeals by the end of the year, a judge has said.

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Chief judges say virtual hearings are here to stay
Courts 2021-06-24 4:57 pm By Miklos Bolza

The chief judges of three of the country’s top courts say virtual hearings, including through the use of popular livestream technology, will be around long after the coronavirus pandemic ends.

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In victory for ACCC, Full Court tosses Geowash execs’ ‘ill-founded’ appeal
Appeals 2021-06-23 11:49 am By Miklos Bolza

Two executives of failed car washing franchise Geowash have failed in their attempt to overturn a $2.7 million penalty for overcharging and misleading franchisees, with the Full Court finding they had engaged in “a consistent pattern of conduct which was deceitful and dishonest”.

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Freedom Foods loses second bid to have $20M Blue Diamond feud heard in Australia
Arbitration 2021-05-28 11:02 pm By Christine Caulfield

Freedom Foods’ dispute with Blue Diamond Growers over an almond licensing deal will be heard by an arbitrator in California after an appeals court rejected the company’s plea for an Australian judge to determine the case.

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Plastic surgeon named in breast implants class action locked in legal battle with insurers
Insurance 2021-03-29 2:51 pm By Miklos Bolza

A court has ordered Avant Insurance to supply certain documents to a plastic surgeon seeking coverage for legal costs of defending a class action against The Cosmetic Institute over allegedly “incompetent” breast augmentation surgery.

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ATO loses appeal in JobKeeper case over sole trader’s lasped ABN
Tax 2021-03-26 10:45 pm By Christine Caulfield

The Australian Taxation Office has come up short in its challenge to a decision that a sole trader was eligible for Jobkeeper despite a cancelled ABN, with the Full Federal Court saying the small businessman was entitled to the government COVID-19 handout.

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In win for ACCC, Full Court says vulnerability not essential to proving unconscionable conduct
Appeals 2021-03-22 1:39 pm By Miklos Bolza

The Full Federal Court has ruled that unconscionable conduct under the Australian Consumer Law is not confined to exploitation of vulnerable parties, in an “extremely significant” judgment that will extend the reach of the unconscionable conduct provisions and protect a wider swathe of consumers.

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