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Snap Fitness franchisee appeals denial of coverage for pandemic-related loss
Allens 2022-04-06 5:29 pm By Sam Matthews

Snap Fitness franchisee Dural 24/7 has appealed a ruling that found insurer Lloyd’s could rely on a conformity clause in its insurance contract to deny coverage to the NSW gym for losses related to the coronavirus pandemic.

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Judge takes ‘wait and see’ approach to trial in Epic cases against Apple, Google
Competition & Consumer Protection 2022-04-05 2:49 pm By Miklos Bolza

A judge has held off selecting from a “basket of imponderables” in determining how he will hear two competition lawsuits by Epic Games against Apple and Google over the removal of the popular multiplayer game Fortnite from the tech giants’ online stores.

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Major banks hit back at rate-rigging class action, argue claims are barred
Competition & Consumer Protection 2022-04-04 9:10 pm By Cindy Cameronne

Five major banks including JPMorgan, Citibank and UBS have denied all wrongdoing in a class action accusing them of entering a cartel agreement to rig foreign exchange rates and argue the claims were brought out of time or are barred by settlements in overseas proceedings.

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Westpac agrees to pay $1.5M to settle ASIC case over unsolicited insurance
Financial Services 2022-04-04 1:51 pm By Cat Fredenburgh

Westpac has agreed to pay $1.5 million to settle proceedings brought by ASIC for misleading 141 customers into believing they had purchased add-on insurance.

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New evidence allowed in $300M lawsuit over ‘defective’ Lane Cove Tunnel construction
Construction 2022-03-29 3:27 pm By Sam Matthews

The operators of Sydney’s Lane Cove Tunnel can rely on new expert evidence in their lawsuit against Thiess, John Holland and CIMIC over alleged defects in the construction of the billion-dollar tunnel, with a judge finding there is a public interest in discovering the true cause of any defects.

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Macquarie a ‘knowing participant’ in Connective shareholder oppression, court says
Corporate 2022-03-28 8:57 pm By Miklos Bolza

Two directors of mortgage aggregator Connective engaged in oppressive conduct towards a minority shareholder and Macquarie Bank was a “knowing participant” when it acquired $5 million worth of shares in the company, the NSW Supreme Court has found.

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Peters served with $12M penalty for exclusive dealing
Competition & Consumer Protection 2022-03-25 1:51 pm By Sam Matthews

Peters Ice Cream has been hit with a $12 million penalty after admitting to entering an anti-competitive exclusive agreement for distribution of its single serve ice creams to service stations and convenience stores across Australia.

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Government replaces banks as top class action target
Class Actions 2022-03-17 5:35 pm By Miklos Bolza

The government sector has overtaken banking and finance as the most frequent target of class actions, according to a new report.

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Westpac stalls on extradition of Forum Finance’s Bill Papas
White Collar 2022-03-10 5:17 pm By Miklos Bolza

Westpac has yet to commence extradition proceedings against Forum Finance director Bill Papas due to concerns that the alleged fraudster may face only contempt charges if he is brought back to Australia prematurely.

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More scrutiny of class actions needed at commencement point
30 years of class actions in Australia 2022-03-09 3:39 pm By Editor

The access to justice and efficiency objectives of the 30-year class action regime would be better served by more active scrutiny at the point of commencement, say Allens partners Belinda Thompson and Jenny Campbell.

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