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Norton Rose wins appeal against sacked partner, but faulted for ‘serious error in judgment’
Employment 2021-11-26 7:14 pm By Bianca Hrovat

Law firm Norton Rose Fulbright has won its appeal of a $160,000 judgment in favour of former partner Thomas Martin, with the Full Federal Court finding Martin’s allegations of deceit arose from “an excess of suspicion” and “causal connections of the most tenuous kind”.

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Top judge did ‘unexplained violence’ to Star’s business interruption policy, Full Court told
Insurance 2021-11-08 9:42 pm By Miklos Bolza

In rejecting a bid by The Star Entertainment Group to recoup losses stemming from the COVID-19 pandemic, the Federal Court’s Chief Justice did “real and unexplained violence” to the construction of a business interruption policy the casino giant had taken out with Chubb, the Full Court has heard.

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CBA seeks leniency as judge grapples with first criminal case of its kind
Financial Services 2021-10-29 5:31 pm By Miklos Bolza

A fine imposed against the Commonwealth Bank for false and misleading representations to customers should reflect offences that were “well below the midpoint” of seriousness, counsel for the bank has told a judge overseeing the first criminal case of its kind.  

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Colonial First State ordered to pay $20M for misleading 13,000 MySuper members
Financial Services 2021-10-19 2:18 pm By Miklos Bolza

The Federal Court has slugged wealth management firm Colonial First State Investments with a $20 million penalty for misleading almost 13,000 superannuation members about their MySuper entitlements through a “concerted campaign” that lasted two years.

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High Court tosses appeal of sacked climate-skeptic professor
High Court 2021-10-13 7:09 pm By Cindy Cameronne

The High Court has thrown out sacked climate skeptic professor Peter Ridd’s appeal of his dismissal by James Cook University, finding protection of intellectual freedom is not a “general freedom of speech”.

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CBA’s Colonial agrees to $20M penalty for misleading MySuper statements
Financial Services 2021-10-12 5:43 pm By Bianca Hrovat

The Commonwealth Bank’s wealth management unit has agreed to cough up $20 million in penalties for misleading thousands of fund members during the transition to MySuper accounts, but steadfastly maintains its conduct was not part of a “nefarious” plot for profits.

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Insurers largely prevail in second COVID-19 test cases
Insurance 2021-10-08 5:13 pm By Christine Caulfield

Insurers have largely succeeded in challenging COVID-19 business interruption losses claimed by a group of small businesses, in an important second test case that could save the industry billions of dollars.

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Delaying penalty until after Qantas outsourcing appeal ‘unfair’, court told
Employment 2021-09-20 6:21 pm By Cindy Cameronne

Qantas has filed a bid to delay a hearing on penalty after a judge found the airline outsourced ground operations partly to prevent employees engaging in industrial action, but the TWU has said a stay would be “unfair” to 1,600 former ground staff.

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Allianz loses bid for class action beauty parade
Class Actions 2021-09-15 1:33 pm By Miklos Bolza

A judge has signed off on a proposal by two law firms to jointly run a consolidated class action against Allianz over add-on car insurance, shooting down the insurer’s argument that a beauty contest would promote competitive contingency fee rates.

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Cross-claims make new case an abuse of process, Isuzu tells court
Intellectual Property 2021-09-14 8:48 pm By Miklos Bolza

Truck company Isuzu has asked a court to shut down an $18 million lawsuit by Directed Electronics alleging copyright infringement, arguing that its own cross-claims –which substantially overlap with allegations in a 2017 case that went to trial — made it an abuse of process.

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