Insurer sued for denying COVID-19 lockdown loss claim

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A small business owner has launched proceedings against his insurer claiming he was wrongly denied pandemic coverage under a business interruption policy, one of many cases expected to be filed in the wake a landmark ruling on infectious disease exclusions that could cost insurers $10 billion.

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Jardine Lloyd Thompson wants to declass lawsuit over ‘excessive’ insurance premiums

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Insurance broker Jardine Lloyd Thompson wants to declass a representative action brought on behalf of local councils in NSW alleging it socked them with inflated premiums, arguing there are no common questions to be determined in the case.

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Novel argument doesn’t save Gladstone Ports class action from costs, court says

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A judge has ruled the plaintiffs in the Gladstone Ports class action cannot reserve the legal costs of an application to avoid disclosure of expert reports, despite finding they had raised a novel issue.

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Judge throws out lawsuit accusing Sydney solicitors of unconscionable conduct

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A Sydney law firm has successfully defended a NSW Supreme Court lawsuit by angry former clients who tried to overturn a $492,000 settlement and accused the firm of a breaching its fiduciary duties and unconscionable conduct.

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ACCC detergent cartel case not doomed to fail, court says in refusing Cussons indemnity costs

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PZ Cussons has lost its bid for indemnity costs against the ACCC, with a judge saying the consumer watchdog’s case over an alleged laundry detergent cartel was “significantly wanting” but not hopeless or doomed to fail.

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Goodman Fielder sues Arnott’s over ‘deceptively similar’ trade mark

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Singapore-owned food and beverage company Goodman Fielder has filed a trade mark infringement lawsuit against Arnott’s and Campbells after the two companies applied to register a trade mark that was one letter different to its own.

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In win for ACCC, Full Court says vulnerability not essential to proving unconscionable conduct

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The Full Federal Court has ruled that unconscionable conduct under the Australian Consumer Law is not confined to exploitation of vulnerable parties, in an “extremely significant” judgment that will extend the reach of the unconscionable conduct provisions and protect a wider swathe of consumers.

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Allens ‘regrets’ handling of associate’s sexual harassment claim

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Big Six firm Allens has admitted it should have advised a female associate of the disciplinary action it took against a lawyer accused of sexual harassment and has said it regretted its handling of the matter. But at a town hall meeting in the firm’s Brisbane office on Monday, managing partner Richard Spurio remained mum on the repercussions for the harasser.

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Peters says competitors had many ways to serve up their ice cream

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Peters Ice Cream has denied claims by the ACCC that it signed an agreement for the exclusive distribution of its single serve ice creams to service stations and convenience stores in order to ice competitors out of the market, saying competitors had many options for serving up their frozen treats to ice cream lovers.

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Judge wants lawyer’s view on funding commission before approving $50M Vocation settlement

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The judge considering the $50 million settlement reached in the shareholder class action against failed training company Vocation and auditor PricewaterhouseCoopers has signalled his likely approval of the deal, but wants a senior lawyer to tell the court why the funding commission is reasonable.

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