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Snap Fitness franchisee loses COVID-19 coverage appeal, but ‘conformity clause’ debate still live
An appeals court has dismissed a challenge brought by a Snap Fitness franchisee to a ruling that found insurer Lloyd’s could rely on a conformity clause in its policy to deny business interruption coverage to the NSW gym for losses related to COVID-19.
Fujifilm’s small business contracts riddled with unfair terms, court finds
Dozens of provisions in Fujifilm's contracts with thousands of small businesses are unfair and unenforceable, a court declared Friday in a case against the office supply company by the Australian Competition and Consumer Commission.
Judge under fire again, this time for developing own fraud case in bankruptcy spat
A court has overturned a ruling by a federal judge repeatedly in the spotlight for his decisions, finding in the latest case that a fraud claim against a property purchaser in a dispute with bankruptcy trustees was a notion developed, pursued and upheld by the judge himself.
Judge asked by appeals court to explain damages in trade secrets spat
An appeals court has returned a case to a judge it said did not give sufficient reasons for awarding damages in a case brought by flooring company Evagroup against a sales manager who left to launch a competing business.
ASIC can’t access PwC report at centre of privilege fight with Terracom
A judge has rejected a bid by the corporate regulator to access an unredacted PricewaterhouseCoopers report commissioned by coal miner TerraCom ahead of a challenge to a decision that cleared the way for the regulator to eye the document as part of an investigation.
ACCC, Fujifilm ‘close’ to settling case over small biz contracts
The Australian Competition and Consumer Commission is “close” to settling its case against office supply company Fujifilm over allegedly unfair contracts with small businesses, a court has heard.
High Court to hear Botox trade mark appeal
The High Court has granted special leave to a cosmetic company to challenge a judgment finding it infringed Botox maker Allergan's trade marks by marketing its topical creams as Botox alternatives.
TerraCom continues fight to keep PwC report from ASIC investigators
Coal mining firm TerraCom has taken its bid to shield a PricewaterhouseCoopers report from ASIC to the Full Court, appealing a judgment which found the regulator could view the report because of public statements made by the company.
High Court to hear Spain’s sovereign immunity claims in $375M arbitration dispute
The High Court has agreed to weigh in on whether an Australian court's recognition of a $375 million international arbitration award against the kingdom of Spain violated the sovereign immunity doctrine.
Viterra loses bid for ‘drastic’ freezing orders to safekeep $18m arbitration award
Viterra has lost its battle to maintain freezing orders against two Australian business as it seeks to enforce an $18.7 million arbitration award against a related but separate Chinese company.