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Judge wrong in case over insurer’s pre-existing condition term: ASIC
The corporate regulator has appealed a Federal Court decision that rejected part of its case against HCF Life Insurance over a pre-existing condition term in its policies that was found to be misleading but not unfair.
Destec goes for the kill in trade secrets fight with MinRes
Engineering firm Destec has asked the court to finally knock out Mineral Resources' claim over alleged theft of trade secrets for a modular crushing plant.
Radio giant scapegoated 2Day FM royal prankster, lawsuit says
A 2Day FM host behind a prank call to the hospital where the Duchess of Cambridge was staying in 2012 alleges he was “hung out to dry” by the radio network after a nurse’s death by suicide.
In ANZ class action, court approves third settlement GCO without altering rate
In the third decision approving an unaltered group costs order at the resolution of a class action, a judge has OK'd an $85 million settlement by ANZ, representing a $21 million payday for Maurice Blackburn.
Judge OKs Banksia receiver’s $10M deal with Mark Elliott estate, notes perversity of trust law
A judge has given the greenlight to a $10 million settlement with entities linked to late solicitor and Banksia class action mastermind Mark Elliott, noting the “perverse” difficulty of recovering more of the $70 million in assets held on trust.
Construction PRO
Lifestyle Communities mulls appeal after exit fees found void
Retirement village operator Lifestyle Communities has foreshadowed an appeal after a tribunal ruled that exit fees charged to departing residents were void.
Construction PRO
Shinetec wins freezing order after Bank of China pays The Gosford
Shinetec, the Australian arm of China’s Shanxi Construction Investment Group, has won orders restraining the developer of an abandoned $185 million project in NSW from accessing $48 million paid to it by Bank of China.
Construction PRO
Couple that preferred one cladding’s aesthetic wins case against builder
A court has found a NSW prefab home builder that convinced a couple to vary their contract to allow different cladding which did not have the same aesthetic effect as their preferred one engaged in misleading and deceptive conduct.
Construction PRO
Court OKs mid-trial climate report in fight over Whitehaven mine
Two conservation groups opposing Whitehaven Coal’s Winchester South coal mine in Queensland's Bowen Basin have won court approval to adduce late expert evidence on possible climate scenarios.
Construction PRO
SK Developments wins freezing orders against builder
Melbourne developer SK Developments has won freezing orders against a builder, with a judge finding there was a danger that a $1.98 million judgment could be avoided.