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Opal Tower insurers question reasonableness of class action defence costs
Insurance 2022-09-06 3:27 pm By Cindy Cameronne

Three insurers for builder Icon are planning to test the reasonableness of a structural engineer’s defence costs in a now settled class action brought by apartment owners in Sydney’s ill-fated Opal Tower.

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Snap Fitness franchisee loses COVID-19 coverage appeal, but ‘conformity clause’ debate still live
Insurance 2022-08-31 11:30 pm By Christine Caulfield

An appeals court has dismissed a challenge brought by a Snap Fitness franchisee to a ruling that found insurer Lloyd’s could rely on a conformity clause in its policy to deny business interruption coverage to the NSW gym for losses related to COVID-19.

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Mawhinney slammed for taking lawyers’ reputation ‘hostage’ in ASIC appeal
Financial Services 2022-08-26 11:50 pm By Sam Matthews

The former legal representatives of James Mawhinney have hit back at allegations of incompetence by the embattled Mayfair 101 founder on the last day of his appeal against decisions that saw him banned from soliciting funds or promoting any financial product for 20 years.

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Inchcape keeps up fight with Chubb over coverage for ransomware attack losses
Appeals 2022-08-26 11:12 pm By Cat Fredenburgh

UK automotive distributor Inchcape has challenged a judgment that put insurer Chubb on the hook for some but not all of the financial losses stemming from a cyberattack that allegedly caused $4 million in loss.

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Lawyers’ failure kept me from claiming privilege, says Mayfair’s Mawhinney
Financial Services 2022-08-22 11:26 pm By Sam Matthews

The founder of beleaguered investment group Mayfair 101, James Mawhinney, has argued that multiple law firms failed to advise him of the privilege against self-exposure to penalty in proceedings brought by the corporate regulator, which saw him banned from soliciting funds or promoting any financial product for 20 years.

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Globaltech’s mining survey patent faces second challenge
Appeals 2022-08-10 10:58 pm By Cat Fredenburgh

A Globaltech patent for mining survey tools is facing another test, with rival technology company Reflex Technologies lodging an appeal after its invalidity challenge flopped.

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Judge blasts ‘horrendously inefficient’ fight in developer’s lawsuit against Zurich
Insurance 2022-08-03 1:22 pm By Cindy Cameronne

A judge has given a “judicial harrumph” to Sydney developer FKP Commercial Developments and Irish insurer Zurich Insurance in a dispute over coverage for an apartment defects suit, saying it was not for the court to “trawl” through an insurance policy to work out its meaning. 

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Moray & Agnew resolves case against insurer over $3.7M settlement with developer
Insurance 2022-07-27 3:16 pm By Christine Caulfield

Law firm Moray & Agnew has reached an agreement with insurer Arch Underwriting in its case seeking coverage of part of a $3.7 million settlement with Melbourne property developer Harry Stamoulis.

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ASIC can pursue defunct funeral insurer in case of ‘clear public interest’
Insurance 2022-07-25 3:30 pm By Cindy Cameronne

A judge has given ASIC the green light to continue proceedings against a defunct funeral insurer which allegedly misled Aboriginal customers about being Indigenous-owned and claims that its products were specifically beneficial for First Nations people.

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Reflex fails to prove invalidity of Globaltech patent for devices sold to Boart Longyear
Intellectual Property 2022-07-14 2:03 pm By Cindy Cameronne

Technology company Reflex Instruments has lost its challenge to rival Globaltech’s patent for two mining survey tools, with a judge finding Reflex had not established the technology wasn’t novel and lacked an inventive step.

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