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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 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.
The Full Federal Court will weigh in on whether common fund orders can be made at settlement in two class actions against 7-Eleven, with a hearing scheduled for the same day the NSW Court of Appeal will hear arguments on the unresolved issue.
A judge has signed off on a settlement that releases ANZ from two class actions by 7-Eleven franchisees that alleged the bank engaged in unconscionable conduct and breached responsible lending laws by providing loans to purchase outlets of the convenience store giant.
A judge has ordered two class actions brought against 7-Eleven on behalf of franchisees to pay $3 million in security for costs as trial in the cases gets pushed to August next year.
National delivery company Megasave Couriers and its sole director have been taken to court by the consumer watchdog, which alleges franchisees were duped into purchasing a franchise outlet by false promises of guaranteed minimum weekly payments and annual income.
Gloria Jeans' owner Retail Food Group has avoided enforcement action by the Australian Securities and Investments Commission after an investigation sparked by last year's damning parliamentary report into the franchise sector.
A judge has agreed to give two executives of Geowash a reprieve from enforcement of $2.7 million in penalties pending an appeal of a judgment in an ACCC case that found the car wash franchisor overcharged franchisees and misled them about expected revenue.