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AMP clashes with BOLR class action over releases for financial advisers
Financial Services 2020-11-24 6:52 pm By Christine Caulfield

Lawyers behind a class action against AMP over changes to its buyer of last resort policy have told a court the parties can’t agree on releases attached to BOLR payments that require exiting financial advisers to waive their claims in the litigation.

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‘The Ben Hur of cartel class actions’: Rate-rigging case comes under attack
Competition & Consumer Protection 2020-10-08 6:37 pm By Miklos Bolza

Five investment banks facing a class action for their alleged rigging of foreign exchange rates have slammed the “unclear” and “incredibly vague” case, saying it contains “literally trillions” of possible variations of the cartel agreement allegedly entered into.

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ASIC conflated conduct of GetSwift founders, court told
Securities 2020-09-30 9:39 pm By Christine Caulfield

ASIC’s case against GetSwift and its founders Joel Macdonald and Bane Hunter makes accusations against both directors but relies on alleged conduct by only Hunter, a lawyer for Macdonald has told a court on the last day of trial in the corporate regulator’s case.

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GetSwift won’t give up bid for judge’s disqualification in class action
Class Actions 2020-09-28 12:24 pm By Christine Caulfield

GetSwift is keeping up its fight to have the judge overseeing a shareholder class action disqualify himself from the proceedings after overseeing the trial in the corporate regulator’s case against the logistics provider.

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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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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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More law firms pulled into Quintis class action as $46M insurance dispute heats up
Insurance 2020-07-03 4:06 pm By Alison Eveleigh

Three law firms will represent the insurers in new proceedings launched to resolve a $46 million insurance question delaying settlement of two shareholder class actions against sandlewood producer Quintis, bringing the total number of law firms working on the class action to eight.

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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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Witness in ex-Quintis director’s trial must give evidence in person, judge says
White Collar 2020-06-23 5:16 pm By Cat Fredenburgh

In a defeat to the Australian Securities and Investments Commission, a judge has found a key witness in the trial against former Quintis director Frank Wilson must give evidence in person, delaying the hearing indefinitely until coronavirus-related travel restrictions are lifted.

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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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