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Insurers win another fight over COVID-19 business interruption claims
Insurance 2024-08-20 11:26 pm By Cindy Cameronne

Several insurers have won a dispute with two Melbourne businesses about whether an industrial special risks policy can cover losses suffered during COVID-19 lockdowns, with a judge finding the policy did not respond just because there were recorded cases in Melbourne.Ā 

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Split High Court says proportionate liability claims apply in arbitration
Construction 2024-08-09 11:31 pm By Christine Caulfield

The High Court has issued a ruling that significantly alters the playing field in domestic commercial arbitration, finding that proportionate liability defences can apply despite limitations on claimants joining third parties to disputes.

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Monash IVF takes coverage fight with insurer to court ahead of class action mediation
Insurance 2024-08-02 11:45 pm By Sam Matthews

Monash IVF and a host of IVF clinics have taken Insurance Australia Ltd to court over coverage ahead of mediation in a class action alleging the companies destroyed potentially viable embryos.Ā 

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Lawyer dodges personal costs order over delays in $54M case against Mirvac
Construction 2024-08-01 11:09 pm By Cindy Cameronne

A law firm partner has avoided personal liability for costs after expert reports were filed late in a dispute with developer Mirvac over alleged defects in a Sydney apartment complex, having walked back an appeal to ā€œcompeting commitmentsā€ that didnā€™t wash in court.Ā 

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Lendlease can’t get ex-Greenwoods partner’s damages evidence before mediation
Tax 2024-07-25 11:42 pm By Christine Caulfield

Lendlease, which is facing claims by a former Greenwoods & Herbert Smith Freehills partner over its alleged “aggressive taxation position”, has failed in its bid for orders that evidence of the partner’s alleged loss be filed before mediation.

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Eighth attempt at cosmetic surgery class action still not good enough, court told
Class Actions 2024-06-27 10:08 pm By Cindy Cameronne

Sydney-based plastic surgeon Daniel Lanzer and several of his associates have objected to a class actionā€™s eighth attempt at getting its claims over allegedly negligent cosmetic procedures right, saying the plaintiffs were engaged in a ā€œcontinuing cycle of propagating versionsā€ of their case.

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Judge slams solicitor’s ‘competing commitments’ excuse for late evidence in $54M suit
Construction 2024-06-19 11:55 pm By Cindy Cameronne

A judge has refused to allow an owners corporation to serve late expert evidence in its case against developer Mirvac over alleged defects in a Sydney apartment complex, saying a solicitorā€™s explanation about “competing commitments” was inadequate and “a circumstance shared by most members of the legal professionā€.

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Lendlease says ex-Greenwoods partner made contact after alleged dismissal for tax dodge complaints
Matthew Darke 2024-06-11 3:52 pm By Cindy Cameronne

Lendlease has hit back at a lawsuit by a former Greenwoods & Freehills partner who alleged he was sacked for complaining about the companyā€™s ā€œaggressive taxation positionā€, claiming the partner reached out after he left the firm welcoming the chance to work with the company again.

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Kennedys raids Clyde & Co’s insurance team
Business of Law 2024-06-03 11:19 pm By Cat Fredenburgh

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.

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Court blesses Halifax liquidators’ settlement with King & Wood Mallesons
Restructuring & Insolvency 2024-04-15 11:10 pm By Cat Fredenburgh

The liquidators for Halifax Investment Services were justified in reaching a compromise settlement in proceedings against King & Wood Mallesons alleging the firm and former auditor Bentleys failed to advise the defunct stockbroker that it had to hold client funds used to trade on its online platform on trust, a judge has found.

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