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‘Missed the mark’: Qantas loses urgent appeal in spat with Virgin-bound exec
Employment 2021-03-26 6:41 pm By Cindy Cameronne

An appeals court has upheld a ruling that Qantas’ dispute with former executive Nick Rohrlach over his defection to competitor Virgin Australia should be heard in Singapore because it falls under an exclusive jurisdiction clause in his employment agreement.  

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Court to hear another COVID-19 business interruption test case
Insurance 2021-02-24 10:00 pm By Cat Fredenburgh

A group representing insurers has filed another test case over pandemic coverage in business interruption policies, following a landmark loss in a test case concerning an infectious disease exclusion that could cost insurers $10 billion.

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With High Court leave, Arrium class action plaintiffs may get second chance to grill ex-director
Restructuring & Insolvency 2021-02-11 10:44 pm By Christine Caulfield

Two shareholders of failed Arrium Group have secured leave from the High Court to challenge a ruling that nixed their planned examination of a former director to bolster a class action over the collapse of the steel producer.

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Clayton Utz teams up with funder ICP for business interruption insurance class action
Insurance 2021-01-18 12:05 pm By Miklos Bolza

Law firm Clayton Utz and litigation funder Investor Claim Partners have joined forces to bring a class action against insurers who have denied business interruption claims by business impacted by the COVID-19 pandemic.

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Law firms circle insurers over COVID-19 business interruption claims
Class Actions 2021-01-15 2:08 pm By Miklos Bolza

At least five law firms are investigating lawsuits, including class action proceedings, in the wake of a landmark test case on COVID-19 exclusions for business interruption cover.

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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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High Court rules refugees can sue government for negligence in Federal Court
Chief Justice Susan Kiefel 2020-12-02 5:50 pm By Spencer Fowler Steen

The High Court has ruled that refugees and asylum seekers can sue the government in Federal Court for allegedly breaching its duty of care by failing to provide them with proper medical care while detained in the government’s custody.

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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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