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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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Class action waiver in Ruby Princess cruise T&Cs not unfair, court told
Class Actions 2022-02-14 9:51 pm By Christine Caulfield

A class action waiver in the terms and conditions of tickets purchased by US passengers embarking on the fateful Ruby Princess cruise at the height of the first COVID-19 wave was neither unfair nor onerous, an appeals court has heard.

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More casuals class actions to be dropped in wake of High Court’s Rossato decision
Employment 2021-12-01 3:35 pm By Miklos Bolza

Two law firms are seeking court approval to drop class actions brought on behalf of allegedly misclassified casual coal miners, in light of a High Court decision that “radically” decreased their chances of success.

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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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High Court upholds challenge to backpacker tax
Employment 2021-11-03 4:36 pm By Cat Fredenburgh

The High Court has found a 15 per cent ‘backpacker tax’ imposed on holders of Australian working holiday visas violates a double taxation agreement between Australia and the UK.

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Judge rejects bid to shut down Guvera class action
Class Actions 2021-10-20 9:04 pm By Cindy Cameronne

A judge has rejected a request to discontinue a class action on behalf of investors in failed music streaming platform Guvera, saying it was “difficult to understand” why the applicants had launched the case as a class action in the first place.

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Judge scolds Linchpin liquidators for ‘unsatisfactory’ conduct in class action
Class Actions 2021-08-20 4:31 pm By Miklos Bolza

A judge has criticised the liquidators of collapsed financial group Linchpin Capital after they failed to inform the court whether they intend to defend class action proceedings or if default judgment should be made against the company.

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Linchpin liquidators get final chance to defend class action
Class Actions 2021-07-23 2:14 pm By Miklos Bolza

A judge has given the liquidators of Linchpin Capital a final chance to defend a shareholder class action before judgment is made against the collapsed financial services group and one of its subsidiaries.

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