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Court appoints contradictor in class action funder’s challenge to MIS rules
Class Actions 2022-03-22 3:59 pm By Miklos Bolza

The Full Federal Court has appointed a contradictor to “take up the cudgels” against funder Litigation Capital Management, which has challenged a judgment refusing to find that a class action filed against Queensland electricity operators was not a managed investment scheme.

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Third Nuix class action means beauty parade may be unavoidable
Class Actions 2022-03-10 11:13 pm By Cat Fredenburgh

Technology company Nuix has been hit with a third shareholder class action over its troubled $1.8 billion float on the ASX, setting up what is likely to be the first beauty parade in the Supreme Court of Victoria since the state allowed class action lawyers to seek a cut of any settlement or judgment.

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Westpac stalls on extradition of Forum Finance’s Bill Papas
White Collar 2022-03-10 5:17 pm By Miklos Bolza

Westpac has yet to commence extradition proceedings against Forum Finance director Bill Papas due to concerns that the alleged fraudster may face only contempt charges if he is brought back to Australia prematurely.

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WA premier thanked media mogul for front page depicting Clive Palmer as a cockroach, court told
Defamation 2022-03-09 9:13 pm By Sam Matthews

WA premier Mark McGowan’s text messages between Kerry Stokes and the WA Attorney General have been revealed at the trial in Clive Palmer’s defamation case, including an exchange in which the state’s leader thanks the media baron for the “marvellous front pages”.

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WA premier says death threats followed Clive Palmer’s ‘outrageous’ remarks
Trials 2022-03-07 9:39 pm By Sam Matthews

Taking the stand Monday in a defamation dispute with mining billionaire Clive Palmer, WA premier Mark McGowan said Palmer’s “hurtful and outrageous” public comments led to death threats against his wife and family.

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Settlement talks in Astora pelvic mesh class action ‘well advanced’
Product Liability 2022-03-03 9:57 pm By Miklos Bolza

Settlement talks in a class action brought by Shine Lawyers against Astora Women’s Health on behalf of women injured by allegedly defective pelvic mesh products are “well advanced”, while mediation in two similar actions is ongoing, a court has heard.

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Landmark class closure judgments ‘plainly wrong,’ appeals court told
Class Actions 2022-02-25 10:29 pm By Miklos Bolza

Judgments shooting down a class closure order and nixing notice of a possible class closure order were “plainly wrong” and “infected” by faulty reasoning, the Full Federal Court has heard.

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GetSwift says stock price drop didn’t prove ‘materiality’ of ASX statements
Securities 2022-02-24 10:22 pm By Sam Matthews

Logistics company GetSwift will argue on appeal that a judge who found the company took a “PR-driven approach” to ASX statements was wrong in his assessment of whether those statements contained material omissions.

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Qantas decision to outsource staff not linked to strike action threat, court told
Employment 2022-02-24 10:22 pm By Miklos Bolza

A decision by Qantas to outsource its ground staff was not timed to head off industrial action by the Transport Workers’ Union, the Full Federal Court has heard as the airline seeks to overturn a finding that it engaged in adverse action when it terminated around 1,800 employees last year.

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GetSwift appeals judgment scathing of ‘PR-driven’ approach to disclosures
Securities 2022-02-22 10:28 pm By Christine Caulfield

Logistics company GetSwift and its directors are appealing a win for ASIC in the regulator’s case that alleged they breached their continuous disclosure obligations and engaged in misleading and deceptive conduct in the release of 22 ASX announcements.

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