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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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Judge worries about declassing COVID-19 business interruption cases
Class Actions 2024-06-12 11:05 pm By Cindy Cameronne

A judge has raised concerns about bids to declass group proceedings over alleged business interruption losses during the height of the COVID-19 pandemic, saying the thousands of policyholders who registered for the class actions might reap more from the cases than making claims directly with their insurers.

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7 years after judgment, NZ apartment class action group members haven’t been paid, court told
Class Actions 2024-05-03 3:42 pm By Cindy Cameronne

The lead plaintiff in a four-year-old class action against Zurich Insurance over a defective New Zealand apartment block has said the case “has to get moving”, telling the court that property owners have not received payment since a $50 million judgment was awarded overseas in 2017.

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Insurers can’t get names of COVID-19 business interruption class action registrants
Insurance 2023-10-27 3:10 pm By Cindy Cameronne

A judge has refused a bid by four major insurers to obtain the names of small businesses that register to join COVID-19 business interruption class actions, saying he did not want the companies contacting group members. 

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Judge says expert referral process in Pacific Highway case ‘gone off the rails’
Construction 2023-10-06 4:06 pm By Cindy Cameronne

A judge has raised concerns about expert evidence in a dispute between Acciona Infrastructure, Ferrovial Construction and three insurers over losses during construction of the $695 million Pacific Highway in NSW, saying the expert referral process had “gone off the rails”.

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COVID-19 insurance class action members can ‘have their cake and eat it too’: judge
Insurance 2023-09-08 11:55 pm By Cindy Cameronne

A judge considering bids to de-class COVID-19 business interruption class actions has said group members can sign up for the representative proceedings but later decide to make claims directly with their insurers.

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High Court won’t disturb insurers’ win in Pacific Highway case
Transportation & Infrastructure 2023-09-07 2:41 pm By Christine Caulfield

The High Court won’t hear an appeal in a case by Acciona and Ferrovial against three insurers over coverage for loss and damage resulting from heavy rainfall at the site of construction of the Pacific Highway in northern New South Wales.

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Law firm accused of ‘woefully prepared’ case dodges bid for personal costs
Business of Law 2023-08-30 10:51 pm By Sam Matthews

A disgruntled client who accused a Sydney-based law firm of running a “woefully prepared” case has lost his appeal of a judge’s rejection of his bid for a $225,000 personal costs order against the firm.

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Class action would have been ‘infinitely better’ than COVID-19 insurance test cases, judge says
Class Actions 2023-07-26 11:24 pm By Cindy Cameronne

A judge overseeing four COVID-19 business interruption class actions has questioned a decision by insurers to use ten test cases to resolve the issue of whether they had to indemnify policyholders instead of a class action, which would have been binding. 

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Racing NSW wins doc bid as it mulls competition case against interstate counterparts
Competition & Consumer Protection 2023-05-31 5:22 pm By Cindy Cameronne

Racing NSW has won access to documents that concern an alleged plan by its Victorian counterpart to exclude it from the thoroughbred racing industry as part of an alleged anti-competitive agreement with four other states.

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