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1 June, 2023

Clawback of incentives remains an issue

The clawback of incentives and their enforceability remains a live issue with the courts treating clawback clauses as a penalty in certain circumstances.  This was recently reinforced in Alamdo Holdings Pty Ltd v Croc’s Franchising Pty Ltd (No 2) NSWSC 60 (Alamdo). In the context of commercial leasing, consideration should be given…
19 April, 2023

Security For Costs Applications In Federal Court Class Actions

Its Eco Pty Ltd v BPS Financial Limited FCA 842 Security for costs (SFC) orders cannot usually be made against individuals, unlike corporations, in class actions in the Federal Court of Australia (the general rule). However, builders and/or their insurers should be relieved as the Federal Court of Australia (FCA)…
8 February, 2023

Do Costs Always Follow The Event?

  Introduction Costs in litigation can be as complicated as the substantive dispute. There are various types of costs orders that the Court may make and the legal principles behind each costs order. These are each well worth a detailed discussion in their own right. The general rule as to…