A judge has raised concerns about bids to declass group proceedings over alleged business interruption losses during the height of the COVID-19 pandemic, saying the thousands of policyholders who registered for the class actions might reap more from the cases than making claims directly with their insurers.
Global insurance law firm Clyde & Co has shown six of its partners in Australia the door and will create a new salaried partner position to cope with high competition in insurance law, with the partnership having decreased by a third in the last 18 months.
The co-owners of Pacific Werribee shopping centre in Victoria have largely won their bid for insurance documents as they weigh a second case against collapsed construction company, allegedly worth up to $335 million.
Kennedys has lured a team of 16 from Clyde & Co, including three partners, to bolster its insurance practice group, the latest raid on its rival firm.
Group members enjoy broader protection against the running of limitation periods than lead plaintiffs in class actions, an appeals court has said in finding that commercial fishing operators heading a class action against Gladstone Ports could not bring new claims out of time.
Insurer Lloyd’s in not on the hook for losses arising from a cancelled 2019 music festival, with a judge finding the Black Summer bushfires did not render cancellation necessary as was required for coverage under the relevant insurance policy.
The litigation funder and lead plaintiffs in a class action against Queensland-owned Gladstone Ports are in dispute over who should be engaged to act in the long-running case after the solicitor on record left Clyde & Co for a rival law firm.
A Norwegian company can’t dodge service of a $2.5 million lawsuit via its Australian solicitors, failing in its argument that exceptional circumstances are needed to avoid the more lengthy and costly process of serving it in its home country.
Herbert Smith Freehills has filed proceedings against its former client United Petroleum, seeking costs of successfully defending a lawsuit alleging it acted negligently in relation to the company’s failed initial public offering in 2016.
A judge has held that there could be favourable costs consequences for Carnival if its rejected $15 million settlement offer in the Ruby Princess class action turns out to be more generous than the ultimate damages award, departing from a previous ruling that so-called Calderbank offers do not operate in group proceedings.