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Franchisees in class action against Hog’s Breath Cafe lose appeal of $1.2M security order
Class Actions 2022-09-26 11:39 pm By Christine Caulfield

A potentially stultifying order for $1.23 million in security for costs in a class action against the Hog’s Breath Cafe restaurant chain has survived a challenge by the franchisees.

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Dick Smith directors owe $11.8M in damages after receivers win appeal
Alice Zheng 2022-08-29 1:38 pm By Cindy Cameronne

An appeals court has found that two former executives of collapsed electronics retailer Dick Smith should pay the company’s receivers $11.8 million in damages for approving a dividend payment the company could not afford.

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Onus on franchisor to prove $1.2M security would not kill class action, Full Court told
Appeals 2022-08-22 11:57 pm By Christine Caulfield

Fighting what they say is a stultifying $1.23 million order for security for defence costs in a class action, franchisees of Hog’s Breath Cafe have argued it is up to the restaurant chain to prove group members can pony up the dough.

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Fujifilm’s small business contracts riddled with unfair terms, court finds
ACCC 2022-08-12 12:35 pm By Cindy Cameronne

Dozens of provisions in Fujifilm’s contracts with thousands of small businesses are unfair and unenforceable, a court declared Friday in a case against the office supply company by the Australian Competition and Consumer Commission.

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Indonesian farmers fight PTTEP’s bid to shut out 15,000 damages claims in class action
Allens 2022-08-05 12:20 am By Cindy Cameronne

Oil exploration company PTTEP has argued 15,000 Indonesian seaweed farmers who brought a class action alleging their crops were damaged after an oil spill in the Timor Sea will need to individually persuade the court to allow their claims out of time.

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Mastercard says deals with retailers were legitimate, pro-competitive
Article 2022-07-27 12:51 pm By Christine Caulfield

Mastercard had a legitimate and pro-competitive reason for reaching agreements with major retailers to choose its network over Eftpos for debit card processing, a court was told Wednesday in the competition regulator’s misuse of market power case against the financial services behemoth.

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ACCC, Fujifilm ‘close’ to settling case over small biz contracts
ACCC 2022-06-08 4:14 pm By Cindy Cameronne

The Australian Competition and Consumer Commission is “close” to settling its case against office supply company Fujifilm over allegedly unfair contracts with small businesses, a court has heard.

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Ex-Dick Smith CEO should be liable for approving $28.5M in dividends, appeals court told
Alice Zheng 2022-05-30 9:30 pm By Cindy Cameronne

The former CEO of failed electronics retailer Dick Smith should be held responsible for approving two dividend payments worth $28.5 million which the company could not afford to pay given it owed millions in unpaid bank loans and supplier debts, an appeals court has heard. 

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ACCC swipes at Mastercard for alleged interchange rate agreement with retailers
ACCC 2022-05-30 1:18 pm By Cat Fredenburgh

The ACCC has taken Mastercard to court for allegedly misusing its market power by giving major retailers discounted interchange rates in exchange for them agreeing to process their debit card transactions through Mastercard instead of the cheaper eftpos network.

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Major banks hit back at rate-rigging class action, argue claims are barred
Allen & Overy 2022-04-04 9:10 pm By Cindy Cameronne

Five major banks including JPMorgan, Citibank and UBS have denied all wrongdoing in a class action accusing them of entering a cartel agreement to rig foreign exchange rates and argue the claims were brought out of time or are barred by settlements in overseas proceedings.

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