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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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Partial success for Moray & Agnew in ‘fruit of the action’ lien fight with Probuild
Construction 2020-09-10 12:11 pm By Alison Eveleigh

Moray & Agnew has partially won its bid to reclaim over $260,000 in unpaid costs after its client was wound up amid a long-running legal battle with construction company Probuild.

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Judge slams rejigged opt out notice, funder’s ‘contrivance’ in Suncorp class action
Class Actions 2020-08-13 4:58 pm By Miklos Bolza

A judge has criticised a revised opt out notice in a class action against Suncorp over allegedly conflicted remuneration and again slammed the funder backing the case for sending a “disturbing” letter to group members contrived to achieve a commercial advantage.

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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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Ashurst partner hit with indemnity costs in Point Piper property feud
Real Estate 2020-07-22 10:26 am By Christine Caulfield

An Ashurst partner in a long-running stoush with his former Family Court judge neighbour over a property in the harbourfront Sydney suburb of Point Piper has been hit with indemnity costs for “unreasonably” pushing his case.

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Judge slams opt out notice, ‘disturbing’ funder letter in Suncorp class action
Class Actions 2020-07-21 10:40 pm By Alison Eveleigh

A judge overseeing a class action against Suncorp over alleged conflicted remuneration has questioned a proposed opt out notice telling group members they should sign up with the funder backing the case or it might not proceed.

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Opal Tower owners’ corporation opts out of class action
Class Actions 2020-07-09 9:04 pm By Alison Eveleigh

The Opal Tower owners’ corporation has opted out of a class action seeking compensation on behalf of hundreds of apartment owners in the scandal-plagued building.

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Concrete company files cross claims against structural engineer in Opal Tower melee
Class Actions 2020-05-29 4:31 pm By Miklos Bolza

The prefab concrete company dragged into a class action over the ill-fated Opal Tower has launched its own legal volley against the engineering consultant behind the building design.

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‘Not an idle or disinterested bystander’: Funder hit with costs for failed real estate case
Real Estate 2020-05-27 7:51 pm By Cat Fredenburgh

A court has ruled that a litigation funder backing an unsuccessful real estate lawsuit by two broke plaintiffs must cover the legal costs after finding that the funder’s goals in the case were “more to serve its own commercial and financial ends” than to assist its clients.

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Atanaskovic Hartnell loses fee fight with company fleeced by Brody Clarke
Business of Law 2020-05-18 11:35 am By Miklos Bolza

Atanaskovic Hartnell has mostly come up short in a court battle for over $172,000 in legal fees, with a judge finding the law firm was in a “manifest position of conflict” in its dispute with two media companies defrauded by one of its former lawyers, Brody Clarke.

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