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‘No duty to be decent and fair’: Allianz wins High Court appeal over cyclone damage claim
Insurance 2022-12-14 4:59 pm By Cindy Cameronne

Insurer Allianz has won its challenge to a decision forcing it to indemnify a north Queensland body corporate for cyclone damage despite non-disclosure of serious building defects, with the High Court finding insurers have no general duty to be “decent and fair”.

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High Court clarifies test for implied terms, says CoreLogic did not infringe photographer’s copyright
Intellectual Property 2022-12-14 5:56 pm By Sam Matthews

The High Court has found that property data analytics firm CoreLogic did not infringe a real estate photographer’s copyright by uploading images from realestate.com.au to its platform, overturning a decision of the Full Federal Court.

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Medibank notified of law firm complaint to privacy commissioner
Privacy & Cybersecurity 2022-12-14 4:44 pm By Christine Caulfield

Medibank was formally notified Tuesday of a class action-style complaint brought on behalf of millions of customers in the wake of last month’s massive data breach.

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‘An unusual case’: ACCC gives Booktopia more time to pay $6M penalty
Competition & Consumer Protection 2022-12-14 3:16 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has agreed to grant Booktopia more time to pay a $6 million penalty over an alleged misleading refund policy, after the online book retailer suffered a “massive fall” in its share price.

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Litigation privilege claim over Nine reporter’s emails denied in cavoodle defamation case
Trials 2022-12-14 3:41 pm By Sam Matthews

Nine has mostly lost its bid to shield documents produced under subpoena in a defamation case brought over A Current Affair’s coverage of barrister Gina Edwards’ custody battle for famed social media pooch Oscar the cavoodle.

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Ashurst snags partner for Sydney real estate team
Business of Law 2022-12-14 7:38 pm By Cat Fredenburgh

Ashurst has lured a partner from Hall & Wilcox as the firm looks to expand its Sydney real estate team.

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Like CFOs of yore, class action beauty parades push down law firms’ GCO profits
Analysis 2022-12-13 2:10 pm By Christine Caulfield

A recent ruling cutting the contingency fee sought by a plaintiff law firm shows competition to run class actions will drive down the percentage payout courts are willing to permit. And as more firms enter the market for a slice of the returns, the downward pressure on profits will only build.

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Star Entertainment directors, execs targeted in new ASIC action
ASIC 2022-12-13 9:24 am By Christine Caulfield

The corporate cop has named eleven current and former Star Entertainment directors and officers in a civil penalty case alleging breaches of duties in relation to the company’s non compliance with anti-money laundering laws.

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Law firm drops ‘bombshell’, wants settlement in class action after running out of money
Employment 2022-12-13 4:56 pm By Cindy Cameronne

A judge has described as “extraordinary” a law firm’s argument that the court should approve a $5.8 million settlement in an underpayments class action against the On The Run convenience store chain partly because it ran out of funds to take the case to trial.

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Dixon Advisory insurers lose bid to limit disclosure of plan details in class action
Insurance 2022-12-13 10:08 pm By Sam Matthews

Two Dixon Advisory insurers have lost a bid to limit the details of insurance policies handed over to a class action purported to worth $463 million, after a judge’s ruled the collapsed wealth manager should disclose its insurance for liability in the case.

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