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IAG’s risk assessment of COVID claims under microscope in shareholder class action
Class Actions 2024-08-27 11:39 pm By Andy Sidler

A judge has granted broad discovery to a shareholder class action against IAG over COVID-related disclosures, saying the documents sought were relevant to determining the likelihood the insurer knew of the risk that it would have to pay out business interruption claims covered by polices that referenced defunct legislation.

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OAIC won’t investigate facial recognition software company Clearview AI again
AI 2024-08-26 11:50 pm By Cat Fredenburgh

The OAIC will not investigate Clearview AI further after finding in 2021 that the US-based facial recognition software company breached privacy rules by scraping facial images from the web, but the regulator promised to weigh in soon on when the use of personal information to train AI could run afoul of privacy laws.

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ANZ employee can’t work from home full time, FWC says
Seyfarth Shaw 2024-08-23 11:43 pm By Cindy Cameronne

An ANZ employee has lost her application in the Fair Work Commission to work from home full time on the basis that she is over 55 years old, with a commissioner saying there was no “rational connection” between her age and the request. 

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High Court asked to clarify importance of disclosure in patent applications
Intellectual Property 2024-08-21 11:02 pm By Sam Matthews

The High Court has been asked to weigh in on whether the Federal Court’s prevailing approach to the disclosure requirements of the Patents Act “imposes too great a burden” on patent applicants.

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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. 

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New judge Richard McHugh happy to get out of way of ‘hungry new silks’
Courts 2024-08-20 11:49 pm By Cindy Cameronne

The NSW legal community has welcomed to the bench the newest Supreme Court judge, Richard McHugh, who reflected on his good fortune in a ceremony on Tuesday and vowed to try, at least, not to get grumpy.

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High Court asked to weigh in on scope of whistleblower protections
Appeals 2024-08-16 11:33 pm By Sam Matthews

A former debt collector who accused the ATO of using heavy handed debt collection tactics against taxpayers has asked the High Court to overrule a decision that found he was not immune from prosecution. In a decision handed down in June, the South Australia Court of Appeal dismissed Richard Boyle’s second bid for immunity from…

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NSW Supreme Court’s top judge goes on defensive as class action filings dry up
Class Actions 2024-08-15 11:36 pm By Christine Caulfield

The top judge of the NSW Supreme Court, which has seen a precipitous drop in class actions, has defended his court and taken shots at the Supreme Court of Victoria and the Federal Court for embracing contingency fees for class action lawyers.

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Judges don’t have to give ‘running commentary’ on oral submissions, court says
Courts 2024-08-15 11:02 pm By Sam Matthews

An appeals court has rejected oOh!media’s claim that it was denied procedural fairness in a dispute with Transport for NSW, saying judges are not required to give a “running commentary” on oral submissions and that counsel must be “constantly alert” when appearing in court.

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‘A matchless honour’: NSW Supreme Court judge Richard Button takes his bows
Business of Law 2024-08-15 12:55 pm By Sam Matthews

Retiring judge Richard Button has been farewelled by the NSW Supreme Court, praised for his distinguished career and “great sense of humour”.

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