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GetSwift directors’ decision not to take stand in ASIC case can’t be held against company, court told
Securities 2020-08-14 11:41 pm By Christine Caulfield

The judge overseeing ASIC’s case against logistics provider GetSwift cannot draw any inferences against the company because directors Bane Hunter and Joel Macdonald did not give evidence at trial, GetSwift’s barrister has said during closing submissions in the case.

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Crown class action lawyers to seek priority status as COVID-19 lockdown makes trial prep ‘impossible’
Class Actions 2020-08-14 11:04 pm By Christine Caulfield

The lead applicant in a shareholder class action against Crown Resorts will ask the Federal Court to declare the proceedings a priority matter so that lawyers readying the case for an upcoming trial in Melbourne can access childcare despite stage 4 COVID-19 restrictions in Victoria.

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Judge won’t let Toyota ‘inject lawyers’ into class action referee process
Class Actions 2020-08-14 9:50 pm By Christine Caulfield

A judge has rejected a bid by car giant Toyota to provide unsolicited submissions to a court-appointed referee tasked with determining technical questions in the case, saying the application was the first he’d ever seen in 30 years.

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Mayfair 101’s Mawhinney may face criminal charges as court appoints liquidators to investment group
ASIC 2020-08-14 1:22 pm By Christine Caulfield

A judge has appointed provisional liquidators to investment firm Mayfair 101 and has banned director James Mawhinney from transferring any assets out of Australia, after the corporate regulator told the court Mawhinney could face criminal charges.

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Barrister ‘deeply regrets’ class action fee scandal, says he should be struck off roll
Class Actions 2020-08-13 10:12 pm By Christine Caulfield

A week after silk Norman O’Bryan dropped his defence against allegations of misconduct in the running of a class action over the failure of Banksia Securities, his junior counsel, Michael Symons, has also conceded defeat, telling a court he too should be struck off the practitioners’ roll. 

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Law firm warns aged care operators at ‘serious risk’ of COVID-19 class actions
Class Actions 2020-08-12 10:52 pm By Christine Caulfield

Law firm Norton Rose Fulbright has warned of a serious risk of industry-wide class actions against the aged care sector over its handling of COVID-19, but if the largest plaintiffs law firms are planning litigation they are keeping their cards close to their chest.

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AWU fined $150,000 for inflating membership numbers
Employment 2020-08-12 3:20 pm By Christine Caulfield

A judge has slugged the Australia Workers’ Union with a $148,100 fine for artificially boosting member numbers in what he said was a “serious departure” from the record-keeping standards required by registered organisations under the Fair Work Act.

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ASIC drops investigation of former AMP chair Catherine Brenner
Financial Services 2020-08-10 9:58 pm By Christine Caulfield

The corporate regulator will not take former AMP chair Catherine Brenner to court after investigating her conduct as part of probes that are expected to lead to at least five cases against the wealth management firm before the end of the year.

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AMP, CBA and Westpac accused of FOFA breaches in new class actions
Class Actions 2020-08-10 5:10 pm By Christine Caulfield

AMP, Commonwealth Bank and Westpac are facing potential class actions over commissions grandfathered by the FoFA reforms and the firms alleged failure to protect client interests. 

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Mayne Pharma faces potential class action over US antitrust case
Class Actions 2020-08-10 3:54 pm By Christine Caulfield

ASX-listed generic drug maker Mayne Pharma is facing a possible shareholder class action over disclosures related to US price-fixing allegations against the ASX-listed company.

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