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Negligence suit tossed against expert retained in lawyer’s employment case
Amy Munro 2023-08-28 11:54 pm By Cindy Cameronne

A psychiatrist who gave expert evidence in a lawyer’s human rights case against his former employer cannot be sued for negligence because he is protected by witness immunity, a judge has found. 

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Arrium lenders file High Court challenge over directors’ loan drawdowns
Amy Munro 2023-07-25 3:58 pm By Cindy Cameronne

Commonwealth Bank and other lenders of Arrium have filed for special leave to appeal to the High Court after losing their latest bid to make two directors liable for allegedly misleading them about loan drawdown notices ahead of the steel company’s $2.8 billion collapse. 

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Lenders of collapsed Arrium lose appeal over directors’ loan drawdowns
Amy Munro 2023-05-10 12:23 pm By Sam Matthews

Commonwealth Bank and other lenders of failed steel giant Arrium have lost a second attempt to put two of the company’s directors on the hook for alleged misleading representations on loan drawdown notices ahead of its $2.8 billion collapse.

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Class action firm’s potential profit from Arrium case not relevant to security sum: judge
Accounting 2023-03-10 3:10 pm By Sam Matthews

A judge overseeing a security dispute in a shareholder class action against KPMG and former directors of Arrium has found that potential profits to the plaintiff law firm running the case under a group costs order is not relevant to determining the quantum of security for costs.

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Judge asks GetSwift GC why he didn’t call out directors for being ‘bullies’
Alan Shearer 2023-01-31 8:05 pm By Cindy Cameronne

A judge has grilled the former general counsel of defunct logistics company GetSwift about why he did not confront the company’s directors for “bullying” other executives when they raised concerns about alleged continuous disclosure breaches.

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Arrium class action fights $8M security bid, says directors not owed costs of ‘Rolls Royce’ defence
Accounting 2022-08-16 11:51 pm By Sam Matthews

Shareholders in a class action against Arrium and KPMG are fighting an $8 million security for costs order sought by former directors of the failed steel giant, who say they should not be forced to defend the case “on a shoestring.”

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‘No brainer’ that Arrium was failing when directors drew down funds, court told
Amy Munro 2022-08-02 11:09 pm By Cindy Cameronne

Several lenders have appealed a ruling that found they failed to prove steel giant Arrium falsified representations on loan drawdown notices ahead of its $2.8 billion collapse, saying it was a “no brainer” that the company was in dire straits when its directors sought extra funds.

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ASIC seeks $15M penalty against GetSwift after ‘unprecedented’ offshore move
Alan Shearer 2022-07-12 11:01 pm By Cindy Cameronne

ASIC has called for a $15 million penalty against GetSwift and 12-year bans against its directors, who moved the logistics company overseas as the regulator’s enforcement action was on foot, a move the court on Tuesday said was “unprecedented”.

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GetSwift, directors drop appeal of judgment on ‘PR-driven’ approach to disclosures
Alan Shearer 2022-05-16 11:38 pm By Cat Fredenburgh

Logistics company GetSwift and its directors have dropped their challenge to a judgment that found the company breached its continuous disclosure obligations with its “PR-driven” approach to ASX statements.

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GetSwift says stock price drop didn’t prove ‘materiality’ of ASX statements
Alan Shearer 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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