Contracts

A second law firm is likely to throw its hat in the ring to run a competing class action against Qantas over flight cancellations in the COVID-19 pandemic, but a judge has made orders trying to side-step a carriage fight, criticising them as “wasteful and expensive”. 

Wealth manager Escala Partners has failed in its bid to restrain two senior financial advisors who defected to rival Crestone from working in wealth management and soliciting its clients.

A judge has raised concerns about expert evidence in a dispute between Acciona Infrastructure, Ferrovial Construction and three insurers over losses during construction of the $695 million Pacific Highway in NSW, saying the expert referral process had “gone off the rails”.

United Petroleum, which is facing a franchisee class action over allegedly loss-making Pie Face stores, is resisting a plaintiff law firm’s bid for “a right of veto” over the petrol giant’s communications with group members, even those not represented by the firm.

Opal Tower engineer WSP has succeeded in claiming the costs of a class action from insurers for builder Icon, with a judge finding engineers were not excluded from the policy’s coverage for subcontractors.

Grocon has taken a hit in its $270 million lawsuit against Infrastructure NSW over a stalled $2 billion Central Barangaroo development project, with a judge finding the developer’s CEO waived privilege over legal advice it received on the sight line rights of Lendlease and Crown.

The rancour is rising between Care A2 Plus and its US business partner Gensco Pharma, with the infant formula company firing off a cross-claim in a lawsuit alleging it breached a lucrative distribution deal.

General Motors could be stuck paying more costs than it bargained for after it settled with the lead plaintiff in a class action over a decision to retire the Holden brand.

Clayton Utz has lost its appeal of a costs assessment in a contractual dispute for which it billed $1.46 million in legal fees, allegedly five times more than the other parties’ legal bill.

United Petroleum has given an undertaking to not contact group members in a class action against the petrol giant over the introduction of loss-making Pie Face stores, amid concerns about the treatment of franchisees participating in the case.