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GetSwift leaked $138M deal to the press ahead of ASX announcement, ASIC says
Securities 2020-06-16 7:26 pm By Miklos Bolza

GetSwift “sat on” an announcement about a lucrative deal with US-based automotive sales and marketing firm N.A. Williams for more than three weeks, then leaked the news to the media before announcing it on the Australian Stock Exchange, ASIC has told the Federal Court on day two of a trial in the corporate regulator’s case against the logistics tech company.

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ANZ says allegedly worthless insurance policies gave customers ‘peace of mind’
Class Actions 2020-06-16 6:15 pm By Alison Eveleigh

ANZ has denied claims that it sold allegedly worthless insurance to group members in a class action against the banking giant, and has said the policies gave customers “peace of mind”.

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High standards: Challenging a DOCA that compromises a litigation claim
Expert Insights 2020-06-16 6:05 pm By Christine Caulfield

While some judges have suggested a deed of company arrangement can be terminated at the comparatively low threshold that a liquidator may be “potentially” successful in litigating a claim, this is clearly not the test after a recent Full Federal Court ruling that affirms the high standard to be met by any challenge to a DOCA, where the deed compromises a commercial dispute, writes Baker McKenzies’ David Walter, Maria O’Brien and Ian Innes.

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Mayfair 101 hits back at ASIC claims of misleading advertising
Financial Services 2020-06-16 5:29 pm By Christine Caulfield

Investment group Mayfair 101 has denied claims by ASIC that it has engaged in misleading or deceptive advertising of its Platinum products, saying in a response to the regulator’s case the products were aimed at sophisticated investors who were told of the risks. 

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Judge accused of ‘very aggressively’ attacking government’s Robodebt defence
Class Actions 2020-06-16 2:30 pm By Alison Eveleigh

A judge has been accused of “very aggressively” raising issues with a barrister for the Federal Government over its failure to amend its defence in a $300 million class action centred on the Commonwealth’s controversial Robodebt scheme to match recent public admissions.

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ACCC seeks contempt finding against ex-Empower Institute lawyer
Legal Ethics 2020-06-15 11:06 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission is seeking a contempt finding against a former solicitor for defunct vocational trainer Empower Institute over alleged billing practices.

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Ford cars fitted with PowerShift are ‘lemons’, court hears as high-stakes trial revs up
Class Actions 2020-06-15 8:27 pm By Alison Eveleigh

Tens of thousands of Ford cars which contain an allegedly defective transmission system are “lemons”, a court heard on day one of a six-week hearing in a long-running class action against the car maker.

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‘These results are not accidental’: GetSwift saw ASX as ‘cheap way’ to boost share price, ASIC says
Securities 2020-06-15 6:49 pm By Miklos Bolza

Émails show the directors of logistics company GetSwift took a “deliberate approach” to inflating the company’s share price through a constant supply of positive ASX announcements about new multimillion-dollar contracts, ASIC said on the first day of a highly anticipated five-week trial.

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Full Court flushes ACCC appeal of wipes ruling
Competition & Consumer Protection 2020-06-15 3:55 pm By Cat Fredenburgh

The Full Federal Court has thrown out the ACCC’s challenge to a ruling dismissing its case alleging Kimberly-Clark made misleading representations about its flushable wipes.

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Judge won’t recuse himself from patent case against Globaltech, Boart Longyear
Intellectual Property 2020-06-12 10:52 pm By Christine Caulfield

A judge has rejected calls by mining tool company Globaltech and driller Boart Longyear to disqualify himself from hearing a patent infringement case against them, despite ruling in an earlier proceeding that the patent was valid and that Globaltech had infringed it.

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