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With no evidence but ‘years of experience’, judge refuses costs order against failed litigant
Contracts 2024-07-11 11:55 pm By Cat Fredenburgh

A judge has tossed an unconscionable conduct case against IT company IT&C, but declined to order costs against the individual applicant, citing his “many years of experience”, but no firm evidence, in support of a finding that the order would harm the man’s mental health.

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HWL Ebsworth, ex-partner file competing appeals over expulsion finding
Appeals 2024-07-10 4:01 pm By Cindy Cameronne

HWL Ebsworth and a former capital partner have both appealed a ruling that found the partner was invalidly expelled in 2020 but that his partnership had been dissolved from the day he sued his former firm. 

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Judge won’t throw out claims in dispute over crypto trading company
Cryptocurrency 2024-07-10 11:42 pm By Sam Matthews

A judge has declined to toss most of the claims brought against a crypto trading company by a former director, despite finding the director’s case “is not an easy one”.

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Partner declined advice at key stage of Slater & Gordon share offload, court told
Trials 2024-07-09 10:24 pm By Cindy Cameronne

A law firm partner who alleges a Melbourne solicitor failed to properly advise him on a share sale agreement with Slater & Gordon in 2014 declined assistance before signing a term sheet that outlined he could not sell his shares in the firm for three years, a court has heard.

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Partner sues Melbourne firm over advice on Slater & Gordon share sale
Business of Law 2024-07-08 11:03 pm By Cindy Cameronne

The managing partner of a leading plaintiff law firm has sued a Melbourne firm, alleging it failed to properly advise him on an agreement that prevented him from selling his shares in Slater & Gordon before its share price plummeted in 2015.

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PayPal’s 60-day complaint deadline in small biz contracts unfair, judge says
Fintech 2024-07-05 3:27 pm By Sam Matthews

The corporate regulator has secrued orders barring fintech giant PayPal from enforcing a term in its contracts with small businesses that set a two-month deadline for complaints about excess fees.

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Who’ll stop the claim: Creedence Clearwater Revival singer shuts down case over festival gig
Arbitration 2024-06-25 11:59 pm By Andy Sidler

A contract dispute between Creedence Clearwater Revival frontman John Fogerty and Country Fest Queensland will be arbitrated in California, after a judge found equivalent claims could not be brought under Queensland law.

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Sharetea wins trial delay in trade mark case by global bubble tea giant
Intellectual Property 2024-06-14 11:50 pm By Sam Matthews

A judge has granted Australian bubble tea franchise Sharetea a third adjournment of a trial in a $10 million case brought by its Taiwanese franchisor, despite “very significant concern” that Sharetea’s director did not do everything in his power to find new lawyers in time.

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Ex-CEO won’t claim ‘primary responsibility’ for Zambrero’s success
Competition & Consumer Protection 2024-06-14 11:04 pm By Sam Matthews

Mexican fast food giant Zambrero has settled misleading and deceptive conduct claims brought against ex-CEO Stuart Cook, who has agreed to refrain from representing that he is “primarily responsible” for the chain’s success. 

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RAMS mulls cross-claim against franchisees in class action
Class Actions 2024-06-13 2:24 pm By Sam Matthews

Westpac subsidiary RAMS has flagged a cross-claim against disgruntled franchisees who say their agreements were terminated without proper cause, citing possible breaches of the National Credit Act. 

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