Judge wrong in case over insurer’s pre-existing condition term: ASIC

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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.

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Radio giant scapegoated 2Day FM royal prankster, lawsuit says

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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.

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In ANZ class action, court approves third settlement GCO without altering rate

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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.

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Judge OKs Banksia receiver’s $10M deal with Mark Elliott estate, notes perversity of trust law

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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.

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Shinetec wins freezing order after Bank of China pays The Gosford

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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.

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Couple that preferred one cladding’s aesthetic wins case against builder

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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.

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Court OKs mid-trial climate report in fight over Whitehaven mine

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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.

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