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GetSwift judge won’t disqualify himself from class action
Class Actions 2020-09-09 6:42 pm By Miklos Bolza

The judge overseeing a class action against GetSwift has refused to disqualify himself from the proceedings, rejecting claims that he could not be seen to approach the case with an “impartial mind” and taking a passing shot at the logistics company’s use of the Americanism “recuse” in its application.

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NAB units seek to shut down MySuper class action
Financial Services 2020-08-24 4:10 pm By Miklos Bolza

Two National Australia Bank units are trying to shut down a Maurice Blackburn-led class action over alleged superannuation mismanagement, claiming that the proceeding was invalidly commenced in the Supreme Court of Victoria.

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Class action wants GetSwift to give heads up if cash dips below $25M
Securities 2020-08-19 10:01 pm By Christine Caulfield

The lead applicant in a shareholder class action against GetSwift and its managing director wants the logistics provider to give notice of any decision that would see its cash and other liquid holdings fall to less than $25 million.

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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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GetSwift class action trial vacated as judge asked to recuse himself
Class Actions 2020-08-13 10:15 pm By Cat Fredenburgh

The judge overseeing a shareholder class action against logistics provider GetSwift and three executives has vacated an upcoming trial date, following an application that he recuse himself from hearing the case.

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Lawyers say judge has power to close class action with tweak to group member definition
Class Actions 2020-07-31 10:35 pm By Alison Eveleigh

Lawyers running a class action against recycling company Sims Metal Management say the court has power to approve their bid to amend the group member definition that will effectively close the class, but the judge overseeing the case will appoint a contradictor to represent group members in a hearing over the application.

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Westpac defends AUSTRAC disclosures in shareholder class action
Class Actions 2020-07-15 7:02 pm By Miklos Bolza

Westpac has denied claims in a shareholder class action filed in the wake of AUSTRAC proceedings alleging 23 million breaches of anti-money laundering and counter-terrorism finance laws, saying the information the class action says it should have disclosed to shareholders “did not exist”.

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Judge warns ‘real persuasion’ needed to expand GetSwift class action 2 months from trial
Class Actions 2020-07-13 9:00 pm By Alison Eveleigh

A judge has warned counsel leading a shareholder class action against logistics provider GetSwift that “real persuasion” would be needed to convince him to allow the class to expand its case two months out from trial.

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GetSwift drafted correction to misleading ASX announcement, never released it, director says
Trials 2020-06-23 8:55 pm By Miklos Bolza

A former director of GetSwift has given evidence at trial in ASIC’s case against the logistics provider that the company drafted a correction to a misleading ASX announcement about a deal with fruit and milk delivery provider Fruit Box but never released it.

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Trial judge urges common sense in ASIC case against GetSwift
Securities 2020-06-22 4:58 pm By Miklos Bolza

A judge has dismissed a defensive bid by ASIC to amend its case against GetSwift mid-trial, instead calling on “common sense” to be injected into the proceeding as the hearing enters its second week.

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