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PayPal’s 60-day complaint deadline in small biz contracts unfair, judge says
Fintech 2024-07-05 3:27 pm By Sam Matthews

The corporate regulator has secrued orders barring fintech giant PayPal from enforcing a term in its contracts with small businesses that set a two-month deadline for complaints about excess fees.

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Who’ll stop the claim: Creedence Clearwater Revival singer shuts down case over festival gig
Arbitration 2024-06-25 11:59 pm By Andy Sidler

A contract dispute between Creedence Clearwater Revival frontman John Fogerty and Country Fest Queensland will be arbitrated in California, after a judge found equivalent claims could not be brought under Queensland law.

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Sharetea wins trial delay in trade mark case by global bubble tea giant
Intellectual Property 2024-06-14 11:50 pm By Sam Matthews

A judge has granted Australian bubble tea franchise Sharetea a third adjournment of a trial in a $10 million case brought by its Taiwanese franchisor, despite “very significant concern” that Sharetea’s director did not do everything in his power to find new lawyers in time.

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Ex-CEO won’t claim ‘primary responsibility’ for Zambrero’s success
Competition & Consumer Protection 2024-06-14 11:04 pm By Sam Matthews

Mexican fast food giant Zambrero has settled misleading and deceptive conduct claims brought against ex-CEO Stuart Cook, who has agreed to refrain from representing that he is “primarily responsible” for the chain’s success. 

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RAMS mulls cross-claim against franchisees in class action
Class Actions 2024-06-13 2:24 pm By Sam Matthews

Westpac subsidiary RAMS has flagged a cross-claim against disgruntled franchisees who say their agreements were terminated without proper cause, citing possible breaches of the National Credit Act. 

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Honda’s abandonment of dealership model not unconscionable, judge finds
Competition & Consumer Protection 2024-05-29 11:17 pm By Sam Matthews

A Melbourne car dealer has largely lost a consumer law case against Honda Australia over its decision to abandon a dealership model, but is set to receive compensation for over 2,600 new vehicles it could have sold if Honda hadn’t ended its five-year contract early.

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RAMS hit with class action by disgruntled franchisees
Class Actions 2024-05-27 2:20 pm By Sam Matthews

Westpac subsidiary RAMs has been hit with a class action by former franchisees who say their agreements with the home loan provider were terminated without proper cause.

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Solicitor’s caveat over client’s mortgage to satisfy costs not invalid, appeals court says
Appeals 2024-05-21 3:37 pm By Cindy Cameronne

An appeals court has found that a solicitor’s caveat over his bankrupt client’s property was valid, after the client agreed to mortgage his property as security for up to $100,000 in legal costs, saying it was the only binding costs agreement they had.

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NT public housing body moves to throw out class action’s racial discrimination claims
Discrimination 2024-05-20 11:32 pm By Andy Sidler

The Northern Territory public housing authority has moved to throw out a class action’s claims that it engaged in racial discrimination by failing to maintain public housing in remote Aboriginal communities. 

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Builder can’t revive abandoned claims against AGL
Energy & Natural Resources 2024-05-14 11:08 pm By Sam Matthews

Collapsed construction and maintenance company General Trade Industries has lost its bid to revive abandoned claims against AGL in a nearly four-year old contract case over work on two Queensland gas plants, with a judge finding the company has had “more than a sufficient opportunity to plead its case”.

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