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AIG settles case against ex-Kaboko Mining directors after D&O policy exclusion spat
Insurance 2020-10-20 1:06 pm By Cat Fredenburgh

AIG has settled a lawsuit brought by Kaboko Mining against several former directors alleging they failed to exploit commercial opportunities, after the insurer failed to convince an appeals court that an insolvency exclusion in the company’s D&O policy should exempt it from covering the claims.

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CFMEU wins Full Court challenge to ‘serial offender’ penalty
Employment 2020-10-16 11:52 pm By Christine Caulfield

A history of serial offending by the CFMEU could be factored into a court’s finding on the gravity of later breaches of the Fair Work Act, but not to the extent that the union pays a disproportionate penalty, the Full Federal Court has found in a significant ruling that settles conflicting case law.

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Chubb wouldn’t want survival of Opal Tower concrete specialist on conscience, judge says
Insurance 2020-10-16 2:39 pm By Miklos Bolza

The chief judge of the Federal Court has told Chubb Insurance to consider whether it wants to be held responsible for the commercial viability of Evolution Precast Systems, which has been denied coverage over the ill-fated Opal Tower and faces myriad legal claims.

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Insurers slam The Star’s ‘misconceived’ COVID-19 coverage case
Insurance 2020-09-28 2:51 pm By Christine Caulfield

COVID-19 was clearly excluded from the business interruption insurance policy taken out by The Star, and a lawsuit seeking coverage for economic loss resulting from the pandemic was “misconceived”, a group of insurers has said.

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Prepping large class action for trial no reason for relief from COVID-19 restrictions, top judge says
COVID-19 2020-09-24 4:14 pm By Christine Caulfield

The need to properly prepare a large commercial class action is not reason enough to relieve lawyers of COVID-19 restrictions aimed at protecting the health and safety of Victorians, the Federal Court’s chief judge has said in explaining why he denied a bid by the Melbourne-based legal team behind the Crown Resorts class action to have the case declared a priority.

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Judge again rejects priority application in Crown Resorts class action
Class Actions 2020-09-23 2:48 pm By Cat Fredenburgh

A judge has denied a request to grant priority status to a shareholder class action against Crown Resorts that would have allowed the Melbourne-based legal team running the case to access childcare and leave their homes for work while the state of Victoria remains in lockdown.

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The Star’s COVID-19 insurance test case incomplete, court hears
Insurance 2020-09-08 4:49 pm By Alison Eveleigh

Insurers for The Star have told a court that the casino’s lawsuit, which seeks to resolve threshold policy coverage issues in a bid to claim the losses it has suffered as a result of government restrictions enacted to stop the spread of COVID-19, is incomplete.

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Top judge won’t help class action lawyers get childcare ahead of trial in locked down Vic
COVID-19 2020-08-28 11:33 pm By Christine Caulfield

The Federal Court’s top judge has refused a bid by the lead applicant in a class action against Crown Resorts to have the case declared a priority matter to allow Melbourne-based lawyers access to childcare while they prepare for a six-week trial.

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Glencore wins appeal in shipping fee fight with Port of Newcastle
Competition & Consumer Protection 2020-08-27 9:41 pm By Alison Eveleigh

Mining giant Glencore has won its appeal over access charges to Port of Newcastle shipping channels used to export coal from the Hunter Valley.

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Opal Tower insurance stoush needs to be resolved for class action defence, court hears
Insurance 2020-08-07 5:53 pm By Miklos Bolza

The prefab concrete specialist behind Sydney’s Opal Tower, which has been targeted in a class action over the ill-fated building, has told a court that a dispute with its insurer should be resolved promptly so that it can defend itself in the proceedings.

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