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High Court asked to hear $10B COVID-19 business interruption case
Insurance 2020-12-18 10:55 pm By Christine Caulfield

The Insurance Council of Australia has asked the High Court to weigh in on its case against COVID-19 related claims in business interruption policies, following its high stakes loss in a ruling last month that found an infectious disease exclusion did not apply.

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Insurers lose COVID-19 business interruption test case
Insurance 2020-11-18 11:31 pm By Cat Fredenburgh

Insurers will face a flood of pandemic-related claims after an appeals court ruled in a test case brought by the Insurance Council that certain infectious disease exclusions in business interruption cover do not apply to coronavirus-related claims.

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Common fund order issue can’t be decided in ‘evidentiary vacuum’, NSW appeals court says
Class Actions 2020-10-30 11:06 pm By Christine Caulfield

The NSW Court of Appeal has passed on the question of whether a judge can make a common fund order when a class action settles to ensure a certain return to litigation funders, but the issue is not going away, whatever the Federal Court’s decision in a parallel case.

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‘Big fat CFO’ incentives would distort class action scheme, BMW tells court
Class Actions 2020-10-27 8:48 pm By Miklos Bolza

Luxury car maker BMW has told the NSW Court of Appeal that the courts do not have power to make common fund orders at any stage of a group proceeding, arguing that such orders would distort the scope of the class action regime by encouraging litigation funders to pursue lawsuits.

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Appeals court quashes guilty verdicts against former Leighton CFO Peter Gregg
Construction 2020-09-30 1:22 pm By Christine Caulfield

Former Leighton Holdings chief financial officer Peter Gregg has won his appeal of convictions last year over an alleged sham contract with a steel supplier, with an appeals court on Wednesday saying there had been a “substantial miscarriage of justice”.

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Arrium liquidators win fight over examination of director for potential class action
Restructuring & Insolvency 2020-07-30 4:59 pm By Miklos Bolza

Liquidators for collapsed steel and mining giant Arrium have successfully appealed a court ruling permitting the examination of a former director for a possible shareholder class action, with the Court of Appeal for the NSW Supreme Court finding the “private nature” of the claims was an abuse of process.

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Top NSW judge backs flexible approach to virtual hearings
Exclusive 2020-06-17 2:59 pm By Miklos Bolza

The Chief Justice of the NSW Supreme Court told Lawyerly the court will adopt a flexible mixture of virtual and in-person hearings in the long term, as courts and the country slowly awaken from COVID-19 lockdown.

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Melco must produce docs to Crown Resorts inquiry, appeals court says
White Collar 2020-03-12 10:00 pm By Christine Caulfield

Hong Kong-based casino group Melco Resorts must hand over documents claimed to be privileged to a NSW public inquiry into James Packer’s Crown Resorts, with an appeals court ruling the inquiry had the power of a royal commission.

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Lawyers breached duty to client with ‘sharply’ conflicting interests, appeals court rules
Legal Ethics 2019-08-30 9:54 pm By Amelia Birnie

A Sydney law firm has been ordered to pay hundreds of thousands of dollars in compensation and restitution for breach of its fiduciary duties, after a former client successfully appealed a conflict of interest case.

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$6M Bank of Queensland class action settlement one claim under insurance policy, appeals court says
Insurance 2019-08-06 9:19 pm By Miklos Bolza

An appeals court has found insurers AIG Australia and Catlin Australia have to cover part of a $6 million settlement agreed to by Bank of Queensland last year in a class action brought by investors in a multimillion dollar Ponzi scheme by jailed fraudster Bradley Sherwin.

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