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High Court to hear Glencore shipping fee fight with Port of Newcastle
Competition & Consumer Protection 2021-03-17 11:50 am By Cat Fredenburgh

The High Court will weigh in on a dispute between the Port of Newcastle and mining giant Glencore over access charges to shipping channels used to export coal from the Hunter Valley.

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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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ASIC takes NAB to court over $365k in account fees
Financial Services 2021-02-25 1:46 pm By Miklos Bolza

ASIC has launched court proceedings against National Australia Bank accusing the bank of engaging in unconscionable conduct by charging more than $365,000 in fees to which it was not contractually entitled.

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Judge finds Spain not immune from enforcement of $375M arbitration awards
Arbitration 2021-02-02 5:10 pm By Miklos Bolza

The Full Federal Court has granted a limited appeal in the Kingdom of Spain’s challenge to a judgment enforcing a $375 million arbitration award over two renewable energy investments, ordering a redrafting of the primary judge’s orders but rejecting claims that Spain was immune as a foreign state from enforcement of the award.

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High Court set to deliver judgment in Westpac’s appeal of personal advice ruling
High Court 2021-01-29 3:49 pm By Miklos Bolza

The High Court will hand down its ruling Wednesday in a high-stakes case between ASIC and Westpac that is expected to clarify the line between personal and general financial advice.

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ASIC wins case against insurer Youi over 2-year delay on hail damage claim
Insurance 2020-11-27 10:18 pm By Cat Fredenburgh

A court has found that insurer Youi breached its duty of utmost good faith by taking two years to settle a home owner’s hail storm claim.

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Former solicitor general to act as contradictor in GetSwift recusal appeal
Alan Shearer 2020-11-25 4:42 pm By Spencer Fowler Steen

Former solicitor general Justin Gleeson SC has been appointed contradictor in GetSwift’s battle to have the judge overseeing a shareholder class action disqualify himself from the proceedings after overseeing the trial in ASIC’s case against the logistics provider.

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‘Industrial activity’ under Fair Work Act doesn’t extend to spat over worksite amenities, court says
Employment 2020-11-12 7:25 pm By Christine Caulfield

In an important ruling that confines the scope of “industrial activity” under the Fair Work Act, the Full Federal Court has overturned a $50,000 fine against the CFMEU and two officials for organising a work stoppage at a Brighton construction site that the union said needed a female toilet.

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Top judge nudges ASIC, Allianz away from ‘bastardised’ pleadings in travel insurance case
Insurance 2020-11-11 3:28 pm By Spencer Fowler Steen

The Federal Court’s top judge has cautioned ASIC and insurers Allianz and AWP against presenting a “bastardised form of pleading” in the financial watchdog’s action over the alleged misleading sale of travel insurance to over 31,000 consumers.

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Litigation funder wins appeal over security for costs in Fair Work class actions
Employment 2020-11-10 2:25 pm By Christine Caulfield

Litigation funder Augusta Ventures has won its challenge to a landmark ruling that it pay $3.1 million in security for the costs of two Fair Work class actions it is financing on behalf of casual mine workers.

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