Litigation & Disputes

CATEGORIES
Are you sure your toddler’s snacks are healthy? ACCC successfully prosecutes misleading or deceptive conduct claim for sugary snack food. The health benefits of SHREDZ were misleading, particularly given the product was made up of almost two-thirds sugar content.

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Misleading Valuation of Commercial Property In Chowder Bay Pty Ltd v Paganin the Federal Court of Australia considered the circumstance of a valuer being sued for the alleged misleading and deceptive valuation of commercial property.

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Trip Hazard - Exclusion Clause Limits Liability Exclusion clauses may be an effective tool in limiting the potential liability of consultants after man sustains injuries tripping over plinth of a petrol bowser.

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The Importance of Choosing a Trustworthy Power of Attorney In a startling new dispute before the State Administrative Tribunal (‘Tribunal’) in Western Australia, three sons who utilised in excess of $1.6 million of their elderly parents’ estate for their own personal benefits have been refused guardianship.

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US property valuation app lawsuit sends warning signal to Australian property market A US private home owner, who also happens to be a real estate lawyer, recently took online property database company Zillow to task over estimates that have allegedly obstructed the sale of her home.

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free range chickens eating grass
Fake Free Range Egg Producers Fined By ACCC WA egg producer Snowdale Holdings (‘Snowdale’) has been punished with a $750,000 fine in Australian Competition and Consumer Commission v Snowdale Holdings Pty Ltd (No 2) [2017] FCA 834 for misleading claims about the nature of the living conditions of its livestock between April 2011 and December 2013.

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Jail Sentence for Online Store Operator Former operator of online stores Electronic Bazaar and Dream Kart, sentenced to 3 months imprisonment for failing to comply with court orders made against him in 2015.

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Can Ex-Employers Control What You Say On Social Media? Changed jobs and updated your LinkedIn? Find out when a post, profile update or message to a former client can breach a non-solicitation clause in Australia, what the courts have said, and how the proposed 2027 non-compete ban will change restraints for employers and employees.

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How the subcontractors of Cullen Group Australia could have got paid on time. The recent collapse of the Brisbane-based building company, Cullen Group Australia, has left many subcontractors angry and significantly out of pocket, reportedly to the tune of $18 million.

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Case Update: Termination Of Contract Upheld Because Of Buyer's Failure To Meet Due Date Contracts for the sale of residential and commercial land will often include certain conditions inserted for the benefit of a buyer. However, in Queensland, time is of the essence in relation to these conditions.

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Are oral contracts illegal or unenforceable? Queensland legislation requires builders to record their contracts in writing. The consequences of failing to do so were demonstrated in the recent case of Nichols v Earth Spirit Home Pty Ltd (‘Nichols’).

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Case Update: Alleged Misrepresentation of off-the-plan Gold Coast Penthouse When buying a property off-the-plan, buyers often rely on representations made to them by the developer or their real estate agents. Juniper Property Holdings No 15 Pty Ltd v Caltabiano (No 2) shows the issues .....

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