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Retail Food Group acted unconscionably in dealings with franchisees, ACCC claims
Competition & Consumer Protection 2020-12-15 3:56 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has taken franchise giant Retail Food Group to court for allegedly misleading purchasers of loss-making franchises about the profitability or viability of its stores.

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Partner won’t seek to resurrect Rio Tinto claims in Deloitte age discrimination case
Employment 2020-12-15 2:30 pm By Miklos Bolza

A partner bringing a $3.8 million age discrimination lawsuit against Deloitte Touche Tohmatsu will not seek to replead claims struck out earlier this month that the accounting giant made misrepresentations to Rio Tinto.

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NSW can’t shield docs in ACCC competition case over ports privatisation
Competition & Consumer Protection 2020-12-09 5:19 pm By Miklos Bolza

The NSW government cannot assert public immunity over cabinet documents sought in a case brought by the ACCC over an allegedly anti-competitive agreement for the privatisation of Port Botany and Port Kembla.

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Insurer not on the hook for Opal Tower concrete manufacturer’s legal bills
Insurance 2020-11-25 1:36 pm By Miklos Bolza

The prefab concrete specialist behind Sydney’s Opal Tower has lost a courtroom bid to have its insurer pay costs in advance incurred in defending cross-claims in two lawsuits over the ill-fated tower.

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Grocon ‘reluctantly’ puts construction biz into administration
Construction 2020-11-20 4:39 pm By Miklos Bolza

Property developer Grocon has “reluctantly” put its construction business into administration, blaming the NSW government’s handling of the Central Barangaroo development project which has sparked a $270 million lawsuit in the NSW Supreme Court.

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Santos lawsuit against Fluor over gas project rests on ‘shaky assumption’, appeals court says
Energy & Natural Resources 2020-11-18 4:11 pm By Miklos Bolza

An appeals court has shot down oil and gas giant Santos’ bid for expanded discovery against engineering company Fluor, finding that the application was “akin to a fishing expedition” that was based on “a shaky assumption” by lawyers from Corrs Chambers Westgarth.

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Shareholder locked in feud with funder drops stay bid in S&P class action
Class Actions 2020-11-11 3:44 pm By Miklos Bolza

A contractual dispute between a litigation funder and the lead applicant in a class action against S&P will not prevent the class action from progressing, with both parties giving undertakings to preserve the status quo while the feud remains on foot.

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Businesses will soon face fines for unfair contract terms
Competition & Consumer Protection 2020-11-10 11:05 pm By Cat Fredenburgh

Businesses will face fines for imposing unfair contract terms on consumers and small businesses under expected changes to Australian Consumer Law announced Tuesday.

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COVID-19 eviction moratorium doesn’t apply to lease breach unrelated to rent, court finds
COVID-19 2020-11-03 5:08 pm By Miklos Bolza

Two Sydney-based companies have lost a bid to reinstate their commercial lease, with a judge rejecting submissions that the COVID-19 moratorium on evictions applied to rental agreement breaches that did not relate to rent. In a judgment delivered on October 28, NSW Supreme Court Justice Geoff Lindsay rejected an interlocutory application by First Renewable and…

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Findex can’t enforce ‘convoluted’ restraint clauses against advisor who poached clients, court says
Accounting 2020-10-30 10:23 pm By Miklos Bolza

Accounting firm Findex has lost an appeal of a court’s judgment tossing its case against a former financial advisor, despite the court finding he had poached the company’s clients and caused $742,000 in losses.

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