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Wrong plaintiff, wrong defendant: Payton Securities unit loses professional negligence case
Professional Negligence 2022-07-15 11:58 pm By Sam Matthews

Investment manager Payton Securities has lost a bid to recoup claimed losses over $1.4 million stemming from an allegedly negligent property valuation by Bertacco Ferrier, with a judge finding that the company had not retained the valuer and was not a party to the valuation.

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Zurich rails against ‘exorbitant exercise’ of power in NZ apartment class action
Class Actions 2022-07-06 7:31 pm By Sam Matthews

Irish insurer Zurich Insurance has appealed a judge’s finding that a class action filed against it in the NSW Supreme Court over a defective New Zealand apartment block could go ahead, arguing the finding was the result of federal overreach.

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Funder sells interest in combustible cladding class actions for $20M
Class Actions 2022-05-30 9:36 pm By Christine Caulfield

The litigation funder backing two combustible cladding class actions has sold a third of its investment in the cases to a player in the nascent secondary market for class action financing.

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Wotton + Kearney opens Adelaide office, nabs Sparke Helmore special counsel
Insurance 2022-05-25 10:09 pm By Cindy Cameronne

Insurance law firm Wotton + Kearney has opened its seventh office across Australia and New Zealand, expanding into Adelaide to meet local client demand and allow lawyers to work from their home town after the pandemic. 

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Opal Tower class action reaches eleventh-hour settlement before 40-day trial
Construction 2022-05-19 10:54 pm By Sam Matthews

A long-running class action over the Opal Tower disaster has settled, along with two related cases over the defective building, as a five-week trial was set to begin.

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Quintis class action settlement takes hit as insurers win appeal
Insurance 2022-05-19 4:39 pm By Cindy Cameronne

Two insurers have won an appeal that blocks group members in a class action against sandalwood producer Quintis from receiving a further $11.25 million after a settlement was reached almost two years ago. 

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KPMG should have advised Gunns to notify growers of new financing, class action says
Class Actions 2022-05-09 10:01 pm By Cindy Cameronne

A class action over the failure of six managed investment schemes for eucalyptus wood in Tasmania has accused KPMG of failing to advise forestry giant Gunns that it had to tell growers about $720 million in financing it sought in 2007.

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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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Opal Tower engineer takes insurers to court over class action coverage
Insurance 2022-03-30 1:50 pm By Cat Fredenburgh

The structural engineer behind Sydney’s Opal Tower has taken builder Icon’s insurers to court, arguing they should cover its costs in a class action brought on behalf of residents of the ill-fated building and related litigation.

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High Court grants Western Power special leave in bushfire class action
High Court 2022-03-22 2:17 pm By Miklos Bolza

The High Court will hear a challenge by Western Power to an appeals court judgment which found that the state-owned electricity supplier breached its duty of care to inspect power poles on private land and was partly liable for property damage from the 2014 Perth Hills bushfire.

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