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Snap Fitness franchisee appeals denial of coverage for pandemic-related loss
Allens 2022-04-06 5:29 pm By Sam Matthews

Snap Fitness franchisee Dural 24/7 has appealed a ruling that found insurer Lloyd’s could rely on a conformity clause in its insurance contract to deny coverage to the NSW gym for losses related to the coronavirus pandemic.

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Morrison cleared to call election after failure of challenge to Liberal pre-selections
Politics 2022-04-05 10:44 pm By Christine Caulfield

A court has dismissed a challenge by a Liberal Party member to a decision by prime minister Scott Morrison and two other members of the federal executive to endorse incumbents to contest seats in NSW at the upcoming election, a ruling that paves the way for the PM to name the date.

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Judge takes ‘wait and see’ approach to trial in Epic cases against Apple, Google
Competition & Consumer Protection 2022-04-05 2:49 pm By Miklos Bolza

A judge has held off selecting from a “basket of imponderables” in determining how he will hear two competition lawsuits by Epic Games against Apple and Google over the removal of the popular multiplayer game Fortnite from the tech giants’ online stores.

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‘Bad luck’: Judge denies penniless Captain Cook College’s appeal delay bid
Competition & Consumer Protection 2022-04-05 8:59 pm By Sam Matthews

A judge has rejected an application by training provider Captain Cook College to postpone the hearing of its appeal in a case won by the ACCC, saying the company’s inability to fund the appeal was “largely a problem of [its] own making.”

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$98M 7-Eleven class action settlement approved but costs, commission hang in the balance
Class Actions 2022-04-04 12:40 pm By Miklos Bolza

A judge has signed off on a $98 million settlement in two franchisee class actions against 7-Eleven, but has yet to reach a decision on $19.6 million in legal costs and a $25 million funding commission, which a court-appointed contradictor has urged him to reject.

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Tokio Marine goes on the offensive, accuses Greensill of fraud
Restructuring & Insolvency 2022-04-04 10:15 pm By Cat Fredenburgh

Collapsed supply chain finance company Greensill Capital has been accused of fraudulently obtaining policies from its largest insurer, Japan-based Tokio Marine, which has been dragged into four lawsuits over a trade credit policy issued in 2019.

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J&J won’t contest follow-on pelvic mesh class action
Product Liability 2022-04-04 5:15 pm By Cat Fredenburgh

An additional 1,200 women who were implanted with defective pelvic mesh devices will be eligible for compensation after Johnson & Johnson unit Ethicon agreed that findings in an earlier class action which it unsuccessfully fought all the way to the High Court should apply to a follow-on class action.

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WSP to target another insurer over Opal Tower class action coverage after discovering $50M policy
Insurance 2022-04-04 3:56 pm By Cat Fredenburgh

The structural engineer behind Sydney’s Opal Tower plans to drag insurer Tokio Marine into a lawsuit against two of Icon’s insurers, after discovering another $50 million policy that responds to claims in a class action brought by apartment owners.

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ASIC did not threaten security firm with alleged links to bikie gang, court finds
ASIC 2022-04-04 4:42 pm By Miklos Bolza

ASIC did not issue threats to a Sydney security company that was being investigated for links to outlaw bike gangs and defrauding the Commonwealth, according to a judge who found the corporate regulator legally terminated its contracts with the company.

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Westpac agrees to pay $1.5M to settle ASIC case over unsolicited insurance
Financial Services 2022-04-04 1:51 pm By Cat Fredenburgh

Westpac has agreed to pay $1.5 million to settle proceedings brought by ASIC for misleading 141 customers into believing they had purchased add-on insurance.

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