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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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Judge ‘troubled’ by firm’s bid to add client’s brother-in-law to $745,000 fee spat
Real Estate 2020-10-29 4:16 pm By Miklos Bolza

A judge has criticised a law firm that is suing its former client, Melbourne cafe Barfly’s, for $745,000 in legal fees after the firm sought to join the brother-in-law of Barfly’s owner Tony Hachem to the case.

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ACCC takes Fuji Xerox to court over ‘unfair’ contract terms
Competition & Consumer Protection 2020-10-22 1:45 pm By Cat Fredenburgh

The consumer watchdog has filed court proceedings against Fuji Xerox alleging the Japanese print giant’s standard form contracts with small businesses contain a bevvy of unfair contract terms that could cause them harm.

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Icon wins dispute with insurers over Opal Tower coverage
Insurance 2020-10-20 5:20 pm By Miklos Bolza

Construction firm Icon Co has won a coverage dispute with its insurers over $31 million in losses stemming from Sydney’s ill-fated Opal Tower, whose residents were evacuated after cracks appeared in the tower’s walls on Christmas Eve in 2018.

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Contradictor in 7-Eleven class action backs court’s power to make CFOs
Class Actions 2020-10-20 3:51 pm By Miklos Bolza

A contradictor appointed in two class actions against 7-Eleven will argue before the Full Federal Court that the court has power both in equity and under the Federal Court of Australia Act to make common fund orders in class actions on settlement or judgment.

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Chubb wouldn’t want survival of Opal Tower concrete specialist on conscience, judge says
Insurance 2020-10-16 2:39 pm By Miklos Bolza

The chief judge of the Federal Court has told Chubb Insurance to consider whether it wants to be held responsible for the commercial viability of Evolution Precast Systems, which has been denied coverage over the ill-fated Opal Tower and faces myriad legal claims.

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AMP hits back at class action, says buy-out policy changes needed to avoid ‘BOLR run’
AMP 2020-10-12 2:13 pm By Christine Caulfield

Changes to AMP’s buyer of last resort policy that reduced the multiple by which the wealth management firm would purchase advisers’ client registers was necessary to protect the business from a ‘BOLR run’, a court had been told.

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Law firm in fee dispute with Barfly’s loses urgent bid for $745,000
Real Estate 2020-09-30 2:57 pm By Christine Caulfield

A law firm that negotiated a $2.4 million settlement for Melbourne’s Barfly’s in a negligence suit against the Bourke Street cafe’s former solicitors is now in litigation itself against Barflys over unpaid fees, but a bid by the firm for the cafe to hand over $745,000 to the court in trust has fallen flat.

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