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Tandem unit’s bid to shut down sham contracting class action fails again
Employment 2020-11-30 2:02 pm By Christine Caulfield

A unit of telecommunications contractor Tandem has lost an appeal in its fight over the validity of a sham contracting class action by technicians alleging they were misclassified as contractors and wrongly denied benefits.

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Judge postpones signing off on GetSwift move to Canada until FIRB approval
Corporate 2020-11-27 7:49 pm By Cat Fredenburgh

A judge has indicated she will approve GetSwift’s plans to relocate to Canada, despite concerns raised by ASIC, but will wait until the company has received approval from the Foreign Investment Review Board.

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GetSwift not ‘fleeing the jurisdiction’ with Canada relocation bid, court told
Corporate 2020-11-26 6:58 pm By Miklos Bolza

Logistics software company GetSwift has tried to assure the Federal Court that an attempt to relocate to Canada is not for the purpose of avoiding pecuniary penalties and damages in civil proceedings brought by ASIC and a $50 million shareholder class action.

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Former solicitor general to act as contradictor in GetSwift recusal appeal
Alan Shearer 2020-11-25 4:42 pm By Spencer Fowler Steen

Former solicitor general Justin Gleeson SC has been appointed contradictor in GetSwift’s battle to have the judge overseeing a shareholder class action disqualify himself from the proceedings after overseeing the trial in ASIC’s case against the logistics provider.

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Subpoenas can’t be issued ‘willy nilly’ to dodge journalist privilege, judge says in Elaine Stead case
Defamation 2020-11-19 5:48 pm By Miklos Bolza

A judge has set aside a subpoena issued by venture capitalist Elaine Stead in her defamation lawsuit against Fairfax, saying subpoenas could not just be issued “willy nilly” to identify a journalist’s confidential sources.

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Insurer appeals ruling putting it on hook for Opal Tower coverage
Insurance 2020-11-17 10:37 am By Cat Fredenburgh

Insurer Liberty Mutual is challenging its loss in a coverage dispute with construction company Icon Co over $31 million in losses stemming from Sydney’s Opal Tower, whose residents were evacuated after cracks appeared in the tower’s walls on Christmas Eve in 2018.

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Robodebt class action settles for $112M on first day of trial
Class Actions 2020-11-16 1:32 pm By Miklos Bolza

The parties in a class action against the Federal Government over the controversial Robodebt scheme have reached an in principle settlement as the first day of a highly anticipated hearing was scheduled to kick off.

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GetSwift’s mid-litigation relocation bid ‘not a good look’, judge says
Corporate 2020-11-13 5:54 pm By Miklos Bolza

A judge said Friday that a bid by last-mile logistics software firm GetSwift to relocate to Canada as it faces a potential $20 million civil penalty from ASIC and a $50 million class action was “not a good look”.

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GetSwift assures court it is indemnified for judgments in ASIC case, class action
Securities 2020-11-12 6:07 pm By Miklos Bolza

Last-mile logistics software firm GetSwift has offered a last minute undertaking that it will be covered for any judgments and penalties in a class action and ASIC case, after a judge expressed concerns about the company’s bid to redomicile to Canada amid the ongoing litigation.

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Judge questions vulnerability of group members in Robodebt class action
Class Actions 2020-11-11 2:40 pm By Miklos Bolza

A judge has expressed doubts that every group member in the Robodebt class action is vulnerable, as the parties gear up for two-week trial in the high-profile case over the unlawful debt recovery method that begins Monday.

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