Litigation - Cogent Legal - Melbourne Solicitors

Arbitration in the Magistrates’ Court of Victoria

What is arbitration? In Victoria, civil disputes that seek a monetary resolution of less than $10,000 are typically mandated to undergo arbitration. How will I be informed if my case is referred to arbitration? The court will send a “Notice of Arbitration” to indicate that your case has been moved to arbitration. Is there a […]

‘Secure Parking’, not so secure after all…

Secure-a-Spot parking service found to be misleading. On 8 August 2024, the Federal Court of Australia ordered that Secure Parking Pty Ltd (Secure Parking) be fined $10.95 million for false and misleading descriptions about the ‘Secure-a-Spot’ online parking booking system. This was a matter agitated by the ACCC due to complaints. In the end, Secure […]

Tyro Payments class action is settled over a system outage in 2021

Tyro Payments [on ASX as TYR] has settled a class action against them by merchants.

Employment Law Deed of Release

This case demonstrates the importance of a deed of release and the long-term protections they offer.

VCAT and Federal Law

VCAT is not able to hear matters that are Federal Law.

Construction Law Update – Contract Termination and Claim Values

Construction Law Update on Contract Termination “as much as he deserved”: Limits to Quantum Meruit claims in construction contract termination The Case: Mann v Paterson Constructions Pty Ltd [2019] HCA 32 At the High Court of Australia, the limits to quantum meruit claims for contractual termination have been noticeably altered. Key points A contractor is not entitled to recover […]

Peanut Butter Wars and Trade Mark

The oily business of the peanut butter wars Cogent Legal Lawyer, Elise Steegstra, looks at the ongoing legal battle between Kraft and Bega over the right to use the ‘yellow jar’ for peanut butter. Key Points Trade Marks and Branding: Does your packaging form an ‘iconic’ part of your brand? Is it protected? Does it need […]