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Plastic surgeon named in breast implants class action locked in legal battle with insurers
Insurance 2021-03-29 2:51 pm By Miklos Bolza

A court has ordered Avant Insurance to supply certain documents to a plastic surgeon seeking coverage for legal costs of defending a class action against The Cosmetic Institute over allegedly “incompetent” breast augmentation surgery.

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CBA denies fiduciary duty owed to group members in insurance ‘rort’ class action
Class Actions 2021-03-29 1:18 pm By Miklos Bolza

Two Commonwealth Bank of Australia subsidiaries have denied that they owed fiduciary duties to group members in a class action over allegedly excessive insurance premiums pushed onto customers because of commissions and other benefits to financial advisors.

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Court rejects Mineralogy’s claims of ‘sinister’ CITIC conduct in Sino Iron dispute
Energy & Natural Resources 2021-03-29 11:10 am By Miklos Bolza

Clive Palmer and his company Mineralogy will have to press forward with their appeal of a judgment that found their lawsuit against Hong Kong-based CITIC was an abuse of process, after an appeals court dismissed the mining magnate’s allegations of “sinister” conduct by CITIC.

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AIG can’t avoid bill for Murray Goulburn class action, judge rules
Insurance 2021-03-26 6:22 pm By Miklos Bolza

Insurer AIG Australia will have to pay collapsed diary processing firm Murray Goulburn at least $8.85 million after a court ruled it was liable to cover some of the costs of a $42 million class action settlement reached with irate investors last year.

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Telco Superfone hit with $300,000 fine for ‘predatory’ telemarketing practices
Competition & Consumer Protection 2021-03-26 4:45 pm By Cindy Cameronne

A judge has ordered telecommunications reseller Superfone to pay a $300,000 penalty in proceedings brought by the ACCC for misleading customers and making unsolicited telemarketing phone calls, even though the penalty may push the company into insolvency.

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Barrister settles with Fairfax over article linking him to ‘largest ever’ US tax fraud
Defamation 2021-03-26 1:00 pm By Cindy Cameronne

Fairfax has resolved a defamation lawsuit brought by an Australian barrister and apologised for an article alleging he helped Texas billionaire Bob Brockman defraud the United States of $2 billion in taxes. 

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S&P may ask judge to disqualify himself from class action over ratings defects
Class Actions 2021-03-26 12:53 pm By Miklos Bolza

A judge who oversaw a 39-day trial in 2018 in multiple class actions against S&P Global may be asked by the ratings agency to step down from hearing another class action alleging systemic defects in its ratings systems.

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Linchpin Capital investors want to add insurers to class action
Class Actions 2021-03-26 12:41 pm By Christine Caulfield

A class action by investors of collapsed Linchpin Capital against the company’s former directors wants to join their insurers as defendants to the proceedings.

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Judge won’t entertain defective defence argument in negligence case against K&L Gates
Colin Biggers & Paisley 2021-03-25 10:22 pm By Christine Caulfield

K&L Gates has fended off a mid-case bid for costs by former clients who are seeking $3 million in a negligence lawsuit and told a court on Wednesday they wasted money responding to a “defective defence” by the law firm.

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L’Oreal opposition to Lore Perfumery trade mark doesn’t pass the smell test
Intellectual Property 2021-03-25 9:14 pm By Cindy Cameronne

Cosmetics giant L’Oreal has lost its opposition to Melbourne-based Lore Perfumery’s ‘Lore’ trade mark, with an IP Australia delegate finding that L’Oreal’s strong reputation made it unlikely that consumers would be deceived or confused.

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