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Restaurant chain Fogo Brazilia, law practice face franchisee class action
Class Actions 2023-06-06 3:50 pm By Cindy Cameronne

Restaurant chain Fogo Brazilia is facing a class action alleging it misled franchisees about the profitability of its businesses, with business owners also making claims against an employment law practice that drafted the franchise agreements.

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Insurers on hook for combustible cladding claims against builder LU Simon
Amelia Smith 2023-06-06 3:14 pm By Cindy Cameronne

A judge has found insurers must cover claims against builder LU Simon Builders over alleged combustible cladding in Melbourne’s Atlantis Towers after a judge found the owners were “obvious candidates” to bring legal action.

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‘Why do they have to be so precise’: Judge quizzes crypto issuer over class action pleadings
Andrew Crowe 2023-05-30 3:53 pm By Sam Matthews

The judge overseeing a class action against Qoin cryptocurrency issuer BPS Financial and several related companies has questioned the level of precision required of the pleadings, as the company fights the  applicant’s bid to amend its case for the fourth time.

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Solicitor can’t rep client because of conflict risk as potential witness: court
Contracts 2023-05-29 3:08 pm By Cindy Cameronne

A court has barred a law firm from acting in a partnership dispute because one of its solicitors could be a material witness in the case, finding there was a potential conflict between the duty of loyalty the lawyer owed to his clients and his obligation to be honest with the court.

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HWL Ebsworth partner excluded from IPO wants firm head’s emails in $4.4M suit
Bridges Lawyers 2023-05-25 11:10 pm By Cindy Cameronne

A former capital partner has called on HWL Ebsworth to produce communications between managing partner Juan Martinez and other members of the management team that allegedly preceded a decision to shut him out of the law firm’s plans to float on the ASX. 

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High Court won’t hear Clive Palmer appeal in $26.6M dispute over unpaid gas bill
Alexander Law 2023-05-24 2:48 pm By Sam Matthews

The High Court has declined to hear an appeal by Clive Palmer’s Queensland Nickel refinery over a decision ordering it pay $26.6 million for natural gas charges.

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Destec can use evidence from MinRes feud for possible case against ex-director
Contracts 2023-05-24 2:34 pm By Cindy Cameronne

Mining engineering company Destec has won its bid to use evidence produced in a dispute with Mineral Resources in considering whether to bring a new case against its former director over a lucrative transportation system.

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Judge tosses suit over $2M sale of cloud tech provider Experteq
Contracts 2023-05-23 9:32 pm By Sam Matthews

A judge has declined Expert Group’s bid to bring court proceedings about the amount of an earn-out owed under its agreement to sell cloud services provider Experteq IT Services, finding the firm had agreed to resolve the matter by expert determination.

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DRA Global can’t suppress ‘scandalous’ details from ex-CEO’s $9M lawsuit
Andrew Pollock 2023-05-22 5:53 pm By Cindy Cameronne

DRA Global has failed to keep under wraps passages from its former CEO’s lawsuit which the engineering firm argued would cause “serious reputational and commercial harm” if published.

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High Court to weigh in on whether finger pointing allowed in arbitration
Appeals 2023-05-22 1:20 pm By Sam Matthews

The High Court has agreed to weigh in on whether proportionate liability defences can be applied in the context of commercial arbitration.

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