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‘No duty to be decent and fair’: Allianz wins High Court appeal over cyclone damage claim
Insurance 2022-12-14 4:59 pm By Cindy Cameronne

Insurer Allianz has won its challenge to a decision forcing it to indemnify a north Queensland body corporate for cyclone damage despite non-disclosure of serious building defects, with the High Court finding insurers have no general duty to be “decent and fair”.

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High Court clarifies test for implied terms, says CoreLogic did not infringe photographer’s copyright
Intellectual Property 2022-12-14 5:56 pm By Sam Matthews

The High Court has found that property data analytics firm CoreLogic did not infringe a real estate photographer’s copyright by uploading images from realestate.com.au to its platform, overturning a decision of the Full Federal Court.

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‘An unusual case’: ACCC gives Booktopia more time to pay $6M penalty
Competition & Consumer Protection 2022-12-14 3:16 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has agreed to grant Booktopia more time to pay a $6 million penalty over an alleged misleading refund policy, after the online book retailer suffered a “massive fall” in its share price.

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Litigation privilege claim over Nine reporter’s emails denied in cavoodle defamation case
Trials 2022-12-14 3:41 pm By Sam Matthews

Nine has mostly lost its bid to shield documents produced under subpoena in a defamation case brought over A Current Affair’s coverage of barrister Gina Edwards’ custody battle for famed social media pooch Oscar the cavoodle.

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Law firm drops ‘bombshell’, wants settlement in class action after running out of money
Employment 2022-12-13 4:56 pm By Cindy Cameronne

A judge has described as “extraordinary” a law firm’s argument that the court should approve a $5.8 million settlement in an underpayments class action against the On The Run convenience store chain partly because it ran out of funds to take the case to trial.

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Dixon Advisory insurers lose bid to limit disclosure of plan details in class action
Insurance 2022-12-13 10:08 pm By Sam Matthews

Two Dixon Advisory insurers have lost a bid to limit the details of insurance policies handed over to a class action purported to worth $463 million, after a judge’s ruled the collapsed wealth manager should disclose its insurance for liability in the case.

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Zoetis vaccine class action applicant can’t fight adverse costs after unsuccessful case
Class Actions 2022-12-13 4:09 pm By Cindy Cameronne

A judge has found the applicant in a dismissed class action against animal health giant Zoetis is liable for the company’s defence costs in the case centering on alleged serious side effects of horse vaccine Equivac.

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Court approves GCO in ‘junk’ insurance class action against Allianz
Class Actions 2022-12-13 1:25 pm By Sam Matthews

A judge has signed off on a group costs order in class action against Allianz over add-on car insurance that will give plaintiff law firms Johnson Winter & Slattery and Maurice Blackburn no more than 25 per cent of any resolution in the case.

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Banksia judge rejects recusal push by senior barrister’s wife
Class Actions 2022-12-12 4:00 pm By Christine Caulfield

Companies associated with the wife of disgraced senior barrister Norman O’Bryan can’t get a new judge to hear their battle against a third-party costs summons that would make them jointly liable for a $21.5 million judgment for investors in a class action over Banksia Securities’ collapse.

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Barrister was scared to return to chambers after Nine’s ‘cavoodle caper’, court told
Trials 2022-12-12 9:29 pm By Sam Matthews

A Sydney barrister was embarrassed and afraid to return to chambers following Channel Nine’s allegedly defamatory coverage of her custody battle for famed social media pooch Oscar the cavoodle, a court has heard.

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