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Settlement in GetSwift shareholder class action off the table for now
Alan Shearer 2022-02-17 5:00 pm By Christine Caulfield Melbourne

A settlement in a shareholder class action against GetSwift has collapsed as the logistics company seeks to secure financing to keep it afloat and pay the final portion of the deal’s $1.5 million cash component.

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ACCC faces tough questions in appeal of NSW Ports competition case
ACCC 2022-02-17 2:15 pm By Christine Caulfield Melbourne

An appeals court grilled counsel for the ACCC on the first day of a hearing challenging the dismissal of its case over a NSW government deal to privatise two ports, calling on the lawyer to spell out how the state was alleged to be in competition with the consortium that took over the ports.

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‘Postbox’ solicitor in Banksia class action wins reprieve from DQ decision
Business of Law 2022-02-16 10:02 pm By Christine Caulfield Melbourne

A lawyer whose conduct in the Banksia Securites class action was said to have left a stain on the integrity of the legal profession has secured a temporary stay of a decision by Victoria’s legal watchdog to disqualify him from practicing law for four years.

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High Court says class action shareholders can quiz directors of failed companies
Arnold Bloch Leibler 2022-02-16 10:27 am By Christine Caulfield Melbourne

In a boost to securities class actions, the High Court has ruled that directors of collapsed companies can be subjected to public examination by shareholders wanting to bring civil proceedings.

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Class action funder says perceived 7-Eleven ‘pressure’ relevant to $25M commission bid
7-Eleven 2022-02-15 5:51 pm By Christine Caulfield Melbourne

Evidence of anxiety felt by 7-Eleven franchisees leading class actions against the convenience store giant was relevant to whether the funder could earn a $25 million commission from the proceeds of a settlement, a court has heard.

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Booktopia denies ‘systematically’ refusing refunds after 2 days
Competition & Consumer Protection 2022-02-15 2:10 pm By Christine Caulfield Melbourne

Online book retailer Booktopia has admitted it scrapped a term requiring two days’ notice of damaged or incorrect books, but rejects claims by the ACCC that the policy resulted in a systematic refusal to refund customers.

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Class action waiver in Ruby Princess cruise T&Cs not unfair, court told
Amy Reid 2022-02-14 9:51 pm By Christine Caulfield Melbourne

A class action waiver in the terms and conditions of tickets purchased by US passengers embarking on the fateful Ruby Princess cruise at the height of the first COVID-19 wave was neither unfair nor onerous, an appeals court has heard.

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MinterEllison lures infrastructure partner from Reed Smith
Business of Law 2022-02-14 2:11 pm By Christine Caulfield Melbourne

MinterEllison has appointed former Reed Smith partner Simon Harvey to join its infrastructure, construction and property practice.

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GetSwift class action settlement at risk as financial position in doubt
Alan Shearer 2022-02-14 10:20 am By Christine Caulfield Melbourne

A settlement agreement in a shareholder class action against GetSwift may be scrapped as the applicant seeks more information as to whether the logistics company is solvent or about to go under.

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High Court to decide if class action shareholders can publicly grill directors
Appeals 2022-02-11 11:59 pm By Christine Caulfield Melbourne

A case before the High Court could have major implications for company directors, giving shareholders in class actions the power to drag them before court for public examination.

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