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Full Court awards $24.5M commission to 7-Eleven class action funder
Appeals 2024-05-02 3:33 pm By Sam Matthews

The Full Federal Court has found the court’s recently-affirmed power to make common fund orders at settlement means the litigation funder that backed two class actions against 7-Eleven is entitled to a $24.5 million cut from a $98 million settlement, in a decision that slammed the parties for a settlement approval process that “went off the rails”, costing group members $2.5 million.

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Retail Food Group to pay nothing to settle Michel’s Patisserie class action
Class Actions 2024-05-02 5:00 pm By Cat Fredenburgh

The law firm and funder that ran a class action against Retail Food Group on behalf of current and former franchisees of its Michel’s Patisserie chain will be out of pocket, after the company agreed to a settlement under which it will pay nothing.

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Former Zambrero CEO hits back at lawsuit, says founder called him his ‘right hand man’
Food and Beverage 2024-04-03 11:35 pm By Cat Fredenburgh

The former CEO at Mexican fast food chain Zambrero has hit back at claims he exaggerated his role in the company’s rapid expansion, saying he was founder Dr Sam Prince’s “right hand man”.

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Hungry Jack’s resolves claims by franchisee over launch of nearby restaurants
Franchises 2024-04-02 11:40 pm By Christine Caulfield

Hungry Jack’s has resolved a case brought by a franchisee seeking a court injunction blocking the burger chain from launching two restaurantsĀ  in close proximity to its sites on NSW’s Central Coast.

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Ultra Tune found guilty of contempt, hit with record $1.5M fine
Competition & Consumer Protection 2024-03-01 9:27 am By Cindy Cameronne

A judge has handed Ultra Tune a $1.5 million fine for contempt, saying the car repair franchise failed to meet the requirements of a court-ordered compliance program, instituted after the company copped a $2 million fine for contravening its disclosure obligations to franchisees.

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7-Eleven class action funder’s $12M cut seemed ‘plainly too little’, says appeals judge
Appeals 2024-02-23 4:21 pm By Cindy Cameronne

A judge hearing an appeal by a funder over its cut of a $98 million settlement in franchisee class actions against 7-Eleven has said the $12 million commission was ā€œplainly too littleā€, and questioned if the class action judge had been “stuck” on the idea that common fund orders are bad.Ā 

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Franchisee class action against Hogā€™s Breath Cafe thrown out
Class Actions 2024-01-30 5:25 pm By Cindy Cameronne

A judge has dismissed a franchisee class action against the Hogā€™s Breath Cafe restaurant chain after the lead applicants failed to hand over $1.23 million in security for costs.

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Honda cops $6M penalty for misleading customers about dealerships
Competition & Consumer Protection 2023-12-15 10:22 pm By Cat Fredenburgh

Honda Australia has been hit with a $6 million penalty for misleading communications made to customers of three dealerships during a restructuring in which the car maker’s shuttered its independent dealer network in favour of an agency model.

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ASIC bans ex-AMP adviser who claims he was forced to sell business under BOLR for $6.1M
Financial Services 2023-12-13 2:36 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has banned a former AMP authorised representative who is suing the wealth manager for allegedly terminating him without proper cause and forcing him to sell his business for $6.1 million under its buyer of last resort program.

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Full Court finally sets date for 7-Eleven class action funder’s CFO fight
Class Actions 2023-12-05 11:45 pm By Christine Caulfield

The date has been set for a hearing in the second case to test the argument that judges lack power to make a common fund order when a class action settles, and the litigation funder challenging the argument can expect a sympathetic ear.

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