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3A cladding class action wins spat over issues to be canvassed at two-month trial
Competition & Consumer Protection 2024-07-19 11:46 pm By Cindy Cameronne

Building materials manufacturer 3A Composites has lost a challenge to questions for a judge at an initial trial of a class action over combustible cladding, with a judge finding the issue of whether the company’s Alucobond panels were of acceptable quality was common to all group members. 

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COVID-19 business interruption class actions ‘manufacturing a controversy’, says insurer
Class Actions 2024-07-12 11:04 pm By Cindy Cameronne

Four insurers have argued that class actions over alleged business interruption losses during the height of the COVID-19 pandemic should be de-classed, with one insurer saying group members cannot “go behind” a Full Court decision denying coverage for certain policyholders.

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ASIC scores third straight win in greenwashing cases
Greenwashing 2024-06-05 9:55 pm By Sam Matthews

The corporate regulator is on a winning streak in its greenwashing cases, with a judge rejecting Active Super’s attempt to qualify its “unequivocal” statements about limiting its investment in companies connected to gambling and coal mining.

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Not one email or text: Steller director denies existence of $120M personal guarantee
Construction 2024-03-01 3:23 pm By Sam Matthews

A former director of Melbourne-based developer Steller Developments has denied liquidators’ claims that he agreed to give a $120 million personal guarantee before the company went under, saying there was “not one single contemporaneous document” referring to the alleged guarantee. 

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‘Nothing that I can do’: Judge reluctantly imposes $1.8M penalty on Westpac in Ausgrid case
Financial Services 2024-01-31 12:41 pm By Cindy Cameronne

A judge has reluctantly hit Westpac with a $1.8 million penalty after the bank admitted to unconscionable conduct when trading on the morning of a $16 billion deal to privatise electricity provider Ausgrid, saying it was the maximum fine allowed under the relevant law.

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Combustible cladding class action wins ‘fresh start’ with new mediator
Class Actions 2023-11-13 1:43 pm By Cat Fredenburgh

A judge has granted a bid for a new mediator in a class action over allegedly combustible cladding, agreeing with the applicant that a “fresh start” may be beneficial.

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Insurers on hook for combustible cladding claims against builder LU Simon
Insurance 2023-06-06 3:14 pm By Cindy Cameronne

A judge has found insurers must cover claims against builder LU Simon Builders over alleged combustible cladding in Melbourne’s Atlantis Towers after a judge found the owners were “obvious candidates” to bring legal action.

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Healthcare REIT can’t add claims against Dexus in trust takeover spat
Real Estate 2023-05-23 5:45 pm By Sam Matthews

Real estate investment trust NorthWest can amend its pleadings in a lawsuit alleging one of the country’s largest unlisted healthcare property funds conspired to prevent it from acquiring a controlling stake, but has come up short in its bid to add to its claims against property giant Dexus.

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IAG investigates underwriter accused of issuing unauthorised Greensill policy
Insurance 2022-04-07 9:53 pm By Miklos Bolza

Insurance Australia Group is investigating the underwriter behind an allegedly unauthorised trade credit policy issued to Greensill Capital, according to a defence by the insurer in a $43 million case brought by a Credit Suisse supply chain fund left heavily exposed after Greensill’s collapse.

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Liquidators can bring claims against Steller Development directors over $300M collapse
Restructuring & Insolvency 2022-03-29 6:24 pm By Miklos Bolza

A judge has allowed the liquidators of Melbourne-based Steller Development to bring proceedings against its directors, the latest claims to be leveled in the wake of the developer’s 2019 collapse, which left an estimated $300 million owing to creditors.

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