Pharmacy giant Priceline is the target of an “imminent” class action, with a group of dissatisfied franchisees accusing the company of exercising an “overly prescriptive” level of control over its franchises and fettering profitability.
A Federal Court judge overseeing two franchisee class actions against 7-Eleven has heard a landmark application for pre-trial oral discovery that could create another tool for lawyers to source evidence otherwise blocked by confidentiality agreements.
A class action by franchisees against mobile and internet retailer TeleChoice will return to the Victoria Supreme Court next week as group members seek commissions they allege have been withheld while the company battles separate litigation against Optus.
The wealthy founder of auto repair franchisor Ultra Tune has secured a temporary injunction against his ex-girlfriend and a former employee prohibiting them from distributing secret recordings after excerpts from one damaging audio file were published by Fairfax.
The Australian Competition and Consumer Commission has taken franchise giant Retail Food Group to court for allegedly misleading purchasers of loss-making franchises about the profitability or viability of its stores.
Convenience store chain 7-Eleven has asked the High Court to find courts do not have the power to make common fund orders at settlement or judgment in a class action, one year after the High Court ruled common fund orders could not be made in the early part of a representative proceeding.
Two class actions on behalf of 7-Eleven franchisees plan to expand their case against the convenience store chain by adding new allegations of systemic unconscionable conduct.
The Full Court Federal Court has declined to answer a question posed by 7-Eleven as to whether common fund orders can be made on settlement or judgment in a class action, saying the issue should be dealt with on facts, not assumptions. In a judgment handed down on Tuesday, the Full Court dismissed 7-Eleven’s bid…
The High Court majority’s reasoning in the decision nixing common fund orders at an early stage of a class action leads “inexorably and inevitably” to the conclusion that there is no power to make such an order at any time in a proceeding, counsel for 7-Eleven has told an appeals court.
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.