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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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Honda’s abandonment of dealership model not unconscionable, judge finds
Competition & Consumer Protection 2024-05-29 11:17 pm By Sam Matthews

A Melbourne car dealer has largely lost a consumer law case against Honda Australia over its decision to abandon a dealership model, but is set to receive compensation for over 2,600 new vehicles it could have sold if Honda hadn’t ended its five-year contract early.

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RAMS hit with class action by disgruntled franchisees
Class Actions 2024-05-27 2:20 pm By Sam Matthews

Westpac subsidiary RAMs has been hit with a class action by former franchisees who say their agreements with the home loan provider were terminated without proper cause.

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Solicitor’s caveat over client’s mortgage to satisfy costs not invalid, appeals court says
Appeals 2024-05-21 3:37 pm By Cindy Cameronne

An appeals court has found that a solicitor’s caveat over his bankrupt client’s property was valid, after the client agreed to mortgage his property as security for up to $100,000 in legal costs, saying it was the only binding costs agreement they had.

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NT public housing body moves to throw out class action’s racial discrimination claims
Discrimination 2024-05-20 11:32 pm By Andy Sidler

The Northern Territory public housing authority has moved to throw out a class action’s claims that it engaged in racial discrimination by failing to maintain public housing in remote Aboriginal communities. 

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Builder can’t revive abandoned claims against AGL
Energy & Natural Resources 2024-05-14 11:08 pm By Sam Matthews

Collapsed construction and maintenance company General Trade Industries has lost its bid to revive abandoned claims against AGL in a nearly four-year old contract case over work on two Queensland gas plants, with a judge finding the company has had “more than a sufficient opportunity to plead its case”.

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Ex-HWL Ebsworth lawyer loses fight over timing of partnership dissolution
Business of Law 2024-05-13 2:24 pm By Cindy Cameronne

A former capital partner at HWL Ebsworth has lost his argument that he remained in the firm’s partnership until last month, after a judge found he was invalidly expelled in 2020. 

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Class action against forex trader Best Leader Markets undefended, court told
Class Actions 2024-05-13 2:34 pm By Cindy Cameronne

A Perth-based forex trader that allegedly failed to return investors’ funds or any profits made on trading has taken no steps in the undefended class action, a court has heard.

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High Court clarifies law on reliance damages in contract spats
Contracts 2024-05-08 3:54 pm By Cindy Cameronne

The High Court has held that a contractor had a “prima facie entitlement” to recoup the costs of building an aircraft hangar in Cessnock, NSW, which it spent in reliance on the local government performing its obligations under their contract, in a case that clarifies how courts should assess reliance damages claims. 

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High Court asked to weigh in on client’s burden of proof in HWL Ebsworth negligence case
Business of Law 2024-05-07 11:48 pm By Cat Fredenburgh

The High Court has been asked to weigh in on whether a client needs to prove it could have exploited a lost commercial right in order to prevail in a law firm negligence case, after HWL Ebsworth successfully appealed a decision that found its bad advice over property in Parramatta’s ‘Auto Alley’ cost a client $2 million.

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