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Top judge did ‘unexplained violence’ to Star’s business interruption policy, Full Court told
Insurance 2021-11-08 9:42 pm By Miklos Bolza

In rejecting a bid by The Star Entertainment Group to recoup losses stemming from the COVID-19 pandemic, the Federal Court’s Chief Justice did “real and unexplained violence” to the construction of a business interruption policy the casino giant had taken out with Chubb, the Full Court has heard.

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Western Power can’t palm legal costs onto Thiess for bushfire class action loss, court finds
Class Actions 2021-11-05 2:20 pm By Cindy Cameronne

Western Power is not entitled to palm off the legal costs of defending a class action after an appeals court found it was negligent in causing the January 2014 Perth Hills bushfire which destroyed 57 homes, a court has said.

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IVF provider Virtus’ confidentiality claims ‘border on ridiculous’, judge says
Competition & Consumer Protection 2021-11-03 9:02 pm By Cindy Cameronne

A judge has rejected part of IVF provider Virtus Health’s bid for redactions in a recent decision from the court temporarily blocking the company from purchasing rival Adora Fertility, saying some of the confidentiality claims were “staggering” and “border on ridiculous.”

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Binding statement as good as class action in age pension case, judge told
Class Actions 2021-11-01 8:28 pm By Bianca Hrovat

The federal government is seeking to avoid a representative proceeding brought on behalf of Indigenous men alleging its failure to “close the gap” in life expectancy necessitates a lower age eligibility for their fair and equal access to the age pension.

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Injunction extended in ACCC’s challenge to Virtus’ acquisition of Adora
Corporate 2021-10-25 3:13 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has won an injunction to stop Virtus from completing the purchase of rival Adora Fertility until a court has ruled on the competition regulator’s challenge to the acquisition. 

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Virtus ‘author of its own fate’ if Adora acquisition fails, judge says
Competition & Consumer Protection 2021-10-19 9:30 pm By Cindy Cameronne

IVF provider Virtus Health would be “the author of its own fate” if its proposed acquisition of rival Adora Fertility flopped, a judge has said in hearing the ACCC’s bid for a temporary injunction blocking completion of the planned purchase.

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ACCC wants urgent injunction to block Virtus’ acquisition of Adora
Competition & Consumer Protection 2021-10-13 10:33 pm By Christine Caulfield

The competition regulator has filed court action seeking an injunction to stop Virtus Health from completing the purchase of rival Adora Fertility on Friday while a merger review is still in progress.

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Insurers largely prevail in second COVID-19 test cases
Insurance 2021-10-08 5:13 pm By Christine Caulfield

Insurers have largely succeeded in challenging COVID-19 business interruption losses claimed by a group of small businesses, in an important second test case that could save the industry billions of dollars.

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High Court asked to weigh in on Queensland floods class action
Class Actions 2021-10-07 11:25 pm By Cat Fredenburgh

The applicants in the Queensland floods class action have asked the High Court to overturn a judgment which found dam operator Seqwater was not liable because it was functioning as a public authority when operating two dams during the 2011 floods, arguing the case raises important issues about appeals in ‘mega’ litigation.

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Class action by Indigenous Australians says pension age is discriminatory
Class Actions 2021-09-29 3:50 pm By Miklos Bolza

The Morrison government has been hit with a class action on behalf of Indigenous Australians who allege that, because of differences in life expectancy, they do not have fair and equal access to the age pension.

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