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Judge asks GetSwift GC why he didn’t call out directors for being ‘bullies’
Securities 2023-01-31 8:05 pm By Cindy Cameronne

A judge has grilled the former general counsel of defunct logistics company GetSwift about why he did not confront the company’s directors for “bullying” other executives when they raised concerns about alleged continuous disclosure breaches.

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SMBC mulls new claims in $34M lawsuit over Forum Finance receivables
Financial Services 2023-01-31 3:34 pm By Cindy Cameronne

Japanese bank SMBC has foreshadowed an application to add claims against Humm Group after the fintech’s subsidiary allegedly misled the bank about receivables under contracts forged by a Forum Group entity.

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Winners and losers in 2022’s headline-grabbing defamation cases
Defamation 2023-01-27 10:19 pm By Cindy Cameronne

From the ongoing saga of the high-profile Christian Porter action against the ABC to “backyard” litigation testing the serious harm bar, defamation cases made headlines in 2022, with winners and losers alike shelling out millions to lawyers to protect their reputations.

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Nine dodges defamation case over A Current Affair episode
Defamation 2023-01-27 4:00 pm By Sam Matthews

A judge has found Nine should not face an out-of-time defamation action over an allegedly defamatory episode of A Current Affair that aired in 2019.

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Class action settlements that came under fire in 2022
Class Actions 2023-01-25 11:21 pm By Cindy Cameronne

Courts stepped up their scrutiny of class action settlements in 2022, with judges grappling with difficult issues such as funding commissions in employment cases and whether settlements, even those worth hundreds of millions of dollars, were fair to group members.

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Amid push for reforms, judges refuse to recuse themselves time and again
Courts 2023-01-18 4:09 pm By Sam Matthews

Requests by litigants for judges to disqualify themselves from presiding over cases were largely denied last year, in a raft of decisions containing lessons for litigants weighing up their own recusal bids in 2023.

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Late judgment in ASIC case derails Quintis class action trial date
Class Actions 2023-01-11 5:01 pm By Cat Fredenburgh

A judge has vacated an upcoming trial in shareholder class actions against former Quintis director Frank Wilson and Ernst & Young, after learning judgment in similar ASIC proceedings against Wilson will not be delivered before the class action hearing kicks off.

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Tolga Kumova wins $275,000 defamation judgment against Stock Swami
Defamation 2023-01-09 11:41 pm By Sam Matthews

The man behind the Twitter handle Stock Swami has been ordered to pay $275,000 in damages to Tolga Kumova, after a judge found his tweets defamed the mining investor by accusing him of insider trading, misleading the market, and running a pump and dump scheme.

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In Stock Swami decision, judge sends own concerns notice to defamation lawyers
Defamation 2023-01-09 11:08 pm By Christine Caulfield

Lawyers for respondents in defamation litigation have been put on notice for their practice of tossing defences around like grenades in armed combat — it isn’t going to fly any more, warns a judge whose docket is stacked with high profile cases.

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WA saddled with $2M legal bill from ‘futile’ defamation fight with Clive Palmer
Article 2022-12-23 4:11 pm By Cat Fredenburgh

The state of Western Australia has been left with a $2 million legal bill for defending a defamation action  by billionaire Clive Palmer and advancing cross-claims on behalf of premier Mark McGowan, which a judge blasted as “a futile exercise”.

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