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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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Litigation funder wins appeal over security for costs in Fair Work class actions
Employment 2020-11-10 2:25 pm By Christine Caulfield

Litigation funder Augusta Ventures has won its challenge to a landmark ruling that it pay $3.1 million in security for the costs of two Fair Work class actions it is financing on behalf of casual mine workers.

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Amicus to argue against CFO in $138M IAG class action settlement
Class Actions 2020-11-05 4:34 pm By Miklos Bolza

An amicus curiae will be appointed by the court to argue against a common fund order application by the funder backing a class action against two Insurance Australia Group subsidiaries, after the insurance giant agreed to a $138 million settlement last month.

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Judge in Masterchef’s defamation case says success more likely with in-person mediation
Defamation 2020-11-05 2:48 pm By Miklos Bolza

A judge has encouraged celebrity chef Jock Zonfrillo and the publisher of The Australian to attend an in-person mediation to resolve their defamation dispute, saying that face-to-face mediations have a better chance of succeeding than those held virtually.

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Craft brewery can’t overturn cancellation of ‘Urban Ale’ trade mark
Intellectual Property 2020-11-04 7:00 pm By Miklos Bolza

A Melbourne-based craft brewery has failed to save its ‘Urban Ale’ trade mark, with the Full Federal Court dismissing its appeal and finding that a judgment ordering the cancellation of the mark was correct.

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Elaine Stead wants court to force AFR columnist to produce confidential source docs
Defamation 2020-11-04 3:37 pm By Christine Caulfield

Venture capitalist Elaine Stead wants Australian Financial Review columnist Joe Aston to hand over documents connected to confidential sources, and says Aston can’t rely on a journalist’s privilege protecting the identity of informants.

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Citing dangers of ‘hypothetical postulation’, Full Court declines to answer common fund order question
Class Actions 2020-11-03 3:25 pm By Miklos Bolza

The Full Court Federal Court has declined to answer a question posed by 7-Eleven as to whether common fund orders can be made on settlement or judgment in a class action, saying the issue should be dealt with on facts, not assumptions. In a judgment handed down on Tuesday, the Full Court dismissed 7-Eleven’s bid…

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Court approves one of the first video opt out notices in a class action
Class Actions 2020-10-30 10:12 pm By Miklos Bolza

The Federal Court has approved what is thought to be only the second ever audio-visual opt out notice in a class action, a move that will make it easier for group members to find out about class actions they may be eligible for.

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