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IAG appeals to High Court, says JobKeeper should offset any COVID-19 payouts
Insurance 2022-03-22 10:38 pm By Christine Caulfield

While mostly prevailing in test cases over coverage for COVID-19 business interruption claims, Insurance Australia Group has asked the High Court to weigh in on what it says is a “radical” approach by an appeals court in the treatment of JobKeeper payments.

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Insurers defeat appeals in COVID-19 business interruption test cases
COVID-19 2022-02-21 5:11 pm By Christine Caulfield

An appeals court challenge by a group of small businesses seeking coverage under business interruption insurance policies for losses flowing from COVID-19 restrictions has largely failed.

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Insurer has second crack at dodging doctor’s class action defence costs
Insurance 2022-02-17 9:32 pm By Bianca Hrovat

Avant Insurance has challenged a Federal Court judge’s interpretation of the Insurance Contracts Act in its second attempt to avoid liability for the defence costs of a plastic surgeon named in a class action brought over botched breast augmentations.

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Shell wins more in ATO appeal over $2.3B gas exploration deduction
Tax 2022-01-27 6:00 pm By Bianca Hrovat

An appeals court has unanimously rejected the Commissioner of Taxation’s latest bid to block Shell’s $2.3 billion tax deduction for the cost of exploration activities conducted as part of the Browse LNG project off the coast of Western Australia.

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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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NAB faces re-trial in adverse action case by worker who committed data breach
Employment 2021-10-12 4:05 pm By Miklos Bolza

A former financial planner found to have engaged in a data breach at National Australia Bank will have her adverse action lawsuit against the bank partially reheard after an appeals court found the judge who tossed the case failed to properly consider why she was fired.

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Joint privilege ruling to have implications for class actions against super trustees
Expert Insights 2021-09-27 11:09 pm By Editor

An interlocutory decision in a class action against superannuation trustee Colonial First State Investments may have significant implications for how cases against super fund trustees are litigated in the future, says Slater & Gordon’s Jessica Zarkovic and Joel Gilbourd.

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Full Court slams judge’s reasons as ‘disordered stream of consciousness’
Employment 2021-09-07 6:10 pm By Miklos Bolza

The Full Federal Court has issued a severe rebuke to a judge for his decision in an employment dispute, calling the judgment a “disordered stream of consciousness” and saying it had no choice but to send the matter back for a retrial.

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Shareholders fail to prove loss from Babcock & Brown disclosure breaches
Financial Services 2021-09-06 11:49 am By Christine Caulfield

Shareholders of the collapsed Babcock & Brown have failed in their challenge to a ruling tossing their cases for damages for disclosure breaches during the global financial crisis, with an appeals court finding the investors had not shown the breaches caused any loss.

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ATO wins appeal in Crown Resorts battle over GST on high roller junkets
Tax 2021-08-20 10:45 pm By Cat Fredenburgh

The Full Court has thrown out a victory by Crown Resorts in a $100 million dispute over GST assessments on commissions and rebates paid to tour operators that directed international VIP gamblers to two of its casinos.

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