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Judge doubts power to order irrelevant docs be produced in aged care class actions
Class Actions 2023-11-13 10:57 pm By Cat Fredenburgh

A judge has upheld a ruling that rejected a bid by two class actions against Victorian aged care providers for insurance and financial information, finding the court likely does not have the power to order the production of documents that are not relevant to the proceeding.

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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 pauses Virgin’s cross-claim in bondholders class action
Class Actions 2023-10-26 11:58 pm By Sam Matthews

The judge hearing a bondholders class action against Virgin Australia has deferred the resolution of the airline’s cross-claim seeking seeking periodic payments from the class action to cover its costs under a contentious indemnity clause.

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White Oak claims insurer owed a novel duty of care in $6B Greensill cases
Insurance 2023-10-24 9:02 pm By Cindy Cameronne

Lender White Oak Commercial Finance will bring a novel claim against insurer Bond & Credit Company alleging it owed a duty of care to disclose an investigation into Greensill when it bought securities from the collapsed financier’s German-based bank.

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Healthcare industry more vulnerable to cyberattacks, says Wotton + Kearney partner
Privacy & Cybersecurity 2023-10-23 6:17 pm By Cindy Cameronne

The digitisation of healthcare has left the industry particularly vulnerable to cyberattacks, and protecting consumers from breaches is one of the biggest challenges facing the sector, according to a new health law partner at Wotton + Kearney. 

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‘What’s the limit to this?’ Judge questions bid for insurance docs in COVID-19 outbreak class actions
Insurance 2023-10-19 9:15 pm By Sam Matthews

A judge has questioned a challenge by two class actions against Victorian aged care providers to a ruling that rejected their bid for insurance and financial information, which the defendants argue would have far-reaching implications.

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Westpac hit with another superannuation class action
Class Actions 2023-10-09 11:56 pm By Cat Fredenburgh

Westpac has been hit with a class action for allegedly overcharging superannuation customers for insurance coverage, months after paying $30 million to settle a separate superannuation class action.

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Virgin Australia lobs cross-claim in bondholder class action
Class Actions 2023-10-09 10:26 pm By Sam Matthews

A bondholder class action against Virgin is heating up, with the airline filing a cross-claim seeking the court’s approval to demand periodic payments from the applicant to cover its costs under a contentious indemnity clause.

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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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ASIC appeals partial loss in case against funeral insurer
Appeals 2023-10-03 11:31 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has filed an appeal after a judge ordered ACBF Funeral Plans to pay $1.2 million for misleading its First Nations customers, less than one-fifth of what the regulator sought.

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