Contracts

A former HWL Ebsworth capital partner alleging he was unlawfully expelled and excluded from a planned float on the ASX has argued HWLE's late managing partner, Juan Martinez, thought the firm could “hire and fire at will” without giving proper reasons.

The Kingdom of Spain has been ordered to pay over $50,000 in security on an interlocutory application, with a judge finding the country “deserves no sympathy” following its failure to satisfy a judgment debt of some $200 million.

The High Court has agreed to weigh in on whether employers should be on the hook for damages if they act negligently when dismissing a worker, granting special leave to a former employee at not-for-profit Vision Australia whose $1.4 million damages award was overturned on appeal. 

PwC spin-off Scyne Advisory has lost its bid to temporarily bar a former partner from working at Downer EDI after a judge found the firm had reasonable prospects of success in its case but had inexplicably delayed bringing the proceedings.

Government consulting firm Scyne Advisory has argued it is entitled to enforce a non-compete clause to stop a partner from jumping to competitor Downer EDI, citing concerns she will be setting up a competing business.

Telstra has successfully appealed a decision holding it liable for a $2.6 million telecommunications bungle at a Melbourne-based telemarketing business, with a judge finding it was entitled to rely on the expertise of business partner Kyrtec.

A judge has rejected Scenic Tours’ bid to declass a second class action brought by disappointed passengers on a series of European cruises and exclude international customers from the proceeding.

Accounting firm Ernst & Young is seeking to throw out a tax partner’s lawsuit alleging he remains in the partnership despite an attempt to remove him, arguing the dispute had to be determined through confidential arbitration. 

Chinese video camera company Bolin has won its bid for an urgent anti-anti-suit injunction against Australian competitor BirdDog, with a judge finding there was a risk of “irreparable prejudice” if Bolin lost its right to bring its claims.

Two former Fortrend Securities advisors, who face litigation over their defection to a rival, have hit back with a lawsuit of their own alleging the brokerage's CEO sent a string of angry emails in a dispute over who should foot the bill for client expenses.