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GM cites force majeure clause in defence to Holden dealers class action
Franchises 2022-04-21 1:48 pm By Cat Fredenburgh

General Motors Holden Australia has denied that it owes compensation to Holden dealers over its decision to retire the iconic brand in Australia, and says its dependence on other GM units to supply the cars constituted “an event beyond its reasonable control”.

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High Court to hear CoreLogic appeal over copyright for real estate pics
Intellectual Property 2022-04-20 11:31 pm By Cat Fredenburgh

The High Court has agreed to weigh in on whether property data analytics firm CoreLogic infringed a real estate photographer’s copyright by uploading images from realestate.com.au to its platform.

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High Court declines Queensland floods class action appeal
Appeals 2022-04-12 12:36 pm By Cat Fredenburgh

The High Court has declined special leave to a class action to challenge a ruling that found dam operator Seqwater was not liable for the 2011 Queensland floods, after the state of Queensland and subcontractor Sunwater agreed to pay $440 million last year to settle their share of the liability in the long-running case.

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Judge signs off on $1.5M penalty against Westpac for unsolicited insurance
Financial Services 2022-04-07 6:03 pm By Cat Fredenburgh

A judge has hit Westpac with a $1.5 million penalty for misleading 141 customers into believing they had purchased add-on insurance.

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ASIC takes Macquarie to court after adviser’s $2.9M theft
Financial Services 2022-04-05 1:57 pm By Cat Fredenburgh

The corporate regulator has filed court proceedings against Macquarie Bank alleging it failed to monitor third-party withdrawals, leading to a financial adviser’s theft of $2.9 million in customer funds.

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Tokio Marine goes on the offensive, accuses Greensill of fraud
Restructuring & Insolvency 2022-04-04 10:15 pm By Cat Fredenburgh

Collapsed supply chain finance company Greensill Capital has been accused of fraudulently obtaining policies from its largest insurer, Japan-based Tokio Marine, which has been dragged into four lawsuits over a trade credit policy issued in 2019.

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J&J won’t contest follow-on pelvic mesh class action
Product Liability 2022-04-04 5:15 pm By Cat Fredenburgh

An additional 1,200 women who were implanted with defective pelvic mesh devices will be eligible for compensation after Johnson & Johnson unit Ethicon agreed that findings in an earlier class action which it unsuccessfully fought all the way to the High Court should apply to a follow-on class action.

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WSP to target another insurer over Opal Tower class action coverage after discovering $50M policy
Insurance 2022-04-04 3:56 pm By Cat Fredenburgh

The structural engineer behind Sydney’s Opal Tower plans to drag insurer Tokio Marine into a lawsuit against two of Icon’s insurers, after discovering another $50 million policy that responds to claims in a class action brought by apartment owners.

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Westpac agrees to pay $1.5M to settle ASIC case over unsolicited insurance
Financial Services 2022-04-04 1:51 pm By Cat Fredenburgh

Westpac has agreed to pay $1.5 million to settle proceedings brought by ASIC for misleading 141 customers into believing they had purchased add-on insurance.

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Full Court ruling on MIS regime may not resolve funding issues in RFG class action, court hears
Class Actions 2022-04-01 4:54 pm By Cat Fredenburgh

A case before the Full Court that will revisit the question of whether class actions are managed investment schemes may not resolve all of the funding controversies that have emerged in a class action against franchise giant Retail Food Group, a court has heard.

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