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Construction PRO
Hungry Jack’s to take bite out of franchisee’s profits with ‘competing’ restaurants: suit
Competition & Consumer Protection 2023-09-12 11:28 pm By Christine Caulfield

Hungry Jack’s faces calls for a court injunction preventing the burger chain from proceeding with plans to open restaurants in close proximity to a franchisee’s sites on NSW’s Central Coast.

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Judge tosses claims in $650M dealer lawsuit against Mercedes-Benz
Automotive 2023-08-30 11:30 pm By Cat Fredenburgh

A judge has thrown out claims in a $650 million lawsuit by 38 dealers against Mercedes-Benz Australia over its decision to move to a fixed-price agency model, finding the dealers’ lawsuit sought to rewrite the terms of their agreement with the car maker on more commercially favourable terms.

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Construction PRO
United Petroleum class action fights ‘stultifying’ security bid
Anna Batrouney 2023-08-29 9:41 pm By Sam Matthews

A franchisee class action against United Petroleum over the installation of allegedly loss-making Pie Face stores at its franchise sites is fighting two applications for security for costs which it says can’t be met, as funders take little interest in the case.

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Ultra Tune boss a ‘dreadful’ witness, says judge in ACCC’s contempt case
ACCC 2023-08-02 11:14 pm By Cindy Cameronne

A judge overseeing the Australian Competition and Consumer Commission’s case alleging auto mechanic Ultra Tune failed to comply with court orders has labelled its managing director Sean Buckley as “one of the more dreadful witnesses” he had seen.

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FWO takes Bakers Delight to court over $1.25M in underpayments
Employment 2023-07-17 10:09 pm By Cat Fredenburgh

The Fair Work Ombudsman has taken Bakers Delight to court for the alleged $1.25 million underpayment of staff at three stores, the regulator’s second attempt at holding a franchisor responsible for the alleged unlawful conduct of a franchisee. In proceedings launched in the Federal Court last month, the FWO claims Bakers Delight Holdings Pty Ltd,…

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7-Eleven class action funder disputes ‘strong reasons’ for denying CFO
Appeals 2023-06-21 4:07 pm By Christine Caulfield

A litigation funder whose cut of a $98 million settlement in franchise class actions against 7-Eleven was slashed in half is challenging a judge’s finding that “strong reasons” exist to refuse it a common fund order.

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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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UFG to pay $5M for misleading gym franchisees about ‘near valueless’ businesses
Competition & Consumer Protection 2023-05-16 4:24 pm By Cindy Cameronne

The company behind the Ultimate Fighting Championship gym franchise has been ordered to pay $5 million to three franchisees after a judge found it misled them about businesses which were “near valueless” and unlikely to make profit. 

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7-Eleven class action judge OKs $2.25M in costs of settlement approval argument
Ahmed Rizk 2023-05-11 3:04 pm By Cindy Cameronne

A judge overseeing two 7-Eleven class actions has signed off on $2.25 million in costs incurred by the funder and lawyers in their pitched battle to win approval for the terms of a $98 million settlement, which included deductions of more than $44 million to cover commission and fees.

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‘Excessive’ costs by Nando’s top tier law firm for simple exam chopped by 72%
Andrew McRobert 2023-04-27 11:16 pm By Christine Caulfield

The costs billed by Nando’s Australia’s law firm for work on a “straightforward” judgment debtor examination of a franchisee — totalling almost a fifth of the debt — have been slashed, with a court finding the costs manifestly excessive.

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