Contracts

A former capital partner at HWL Ebsworth has lost his argument that he remained in the firm’s partnership until last month, after a judge found he was invalidly expelled in 2020. 

A Perth-based forex trader that allegedly failed to return investors’ funds or any profits made on trading has taken no steps in the undefended class action, a court has heard.

The High Court has held that a contractor had a “prima facie entitlement” to recoup the costs of building an aircraft hangar in Cessnock, NSW, which it spent in reliance on the local government performing its obligations under their contract, in a case that clarifies how courts should assess reliance damages claims. 

The High Court has been asked to weigh in on whether a client needs to prove it could have exploited a lost commercial right in order to prevail in a law firm negligence case, after HWL Ebsworth successfully appealed a decision that found its bad advice over property in Parramatta’s ‘Auto Alley’ cost a client $2 million.

HWL Ebsworth has argued a former capital partner who was found to have been invalidly expelled in 2020 cannot claim a share of the law firm’s profits from then to now, saying he could not reap the benefits of partnership without the “burdens”.

Scyne Advisory has resolved its case seeking to bar a former partner from working for the professional services arm of Downer EDI, in a confidential settlement the firm said acknowledged the need to protect information and uphold restraints.

A judge has appointed a contradictor for an upcoming settlement approval hearing in a class action by financial advisers against AMP over its buyer of last resort policy, saying the funder was taking a “very large” cut of the $100 million settlement. 

Former AMA Group CEO Andrew Hopkins has agreed to pay the car repair giant a confidential sum to settle claims he defrauded the company of $3 million and breached his fiduciary duties.

A judge has rejected claims by basketball coach Shane Heal that the Sydney Flames used bullying complaints from several players as a ‘smoke screen’ to hide unlawful reasons for suspending him last year.

A commercial leader at engineering and construction company Laing O’Rourke was unfairly dismissed over false claims he was offensive and aggressive towards Stayz hosts who complained about a late night work party, a judge has found.