Barristers

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.

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.

The solicitor on the record in a class action over the collapse of Banksia Securities has admitted that he never asked to see the fee slips of one of the barristers acting in the case, conceding that this was a ‘gross dereliction’ to his clients.

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.

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.

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.

An independent costs consultant retained to assess the legal fees sought to be recouped from a settlement in a class action over the collapse of Banksia Securities has denied he was the “dogsbody” of funder Mark Elliott during a fiery cross examination at trial over the costs of the litigation.

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. 

A judge has criticised a revised opt out notice in a class action against Suncorp over allegedly conflicted remuneration and again slammed the funder backing the case for sending a “disturbing” letter to group members contrived to achieve a commercial advantage.

The Insurance Council of Australia and the Australian Financial Complaints Authority have filed court proceedings that will test whether certain infectious disease exclusions in business interruption cover apply to coronavirus-related claims.