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High Court asked to hear $10B COVID-19 business interruption case
Chief Justice Tom Bathurst 2020-12-18 10:55 pm By Christine Caulfield

The Insurance Council of Australia has asked the High Court to weigh in on its case against COVID-19 related claims in business interruption policies, following its high stakes loss in a ruling last month that found an infectious disease exclusion did not apply.

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Maurice Blackburn did not breach obligations in TWE class action, Full Court finds
Appeals 2020-12-17 4:55 pm By Miklos Bolza

The Full Federal Court has tossed an appeal by Treasury Wine Estates claiming that Maurice Blackburn and barrister Guy Donnellan breached their obligations in preparing the pleadings in a current shareholder class action against the global winemaker.

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Whistleblower laws don’t apply retrospectively, judge says in ANZ bank trader’s case
ANZ 2020-12-11 5:50 pm By Cat Fredenburgh

A judge has thrown out the portion of a lawsuit brought by an ANZ trader who was sacked in 2015 that was brought under enhanced whistleblower protections that took effect in 2019, saying the civil remedy provisions do not apply retrospectively.

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ASIC not ‘disproportionately prejudiced’ by GetSwift’s move to Canada, judge says
ASIC 2020-12-01 9:23 pm By Miklos Bolza

A judge has found that a plan by last mile logistics software company GetSwift to relocate to Canada in the midst of ongoing civil litigation would not “disproportionately prejudice” ASIC, which is seeking penalties against the company.

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Law firm ‘took advantage’ of privileged position in filing Treasury Wines class action, court told
Appeals 2020-11-27 7:51 pm By Miklos Bolza

Treasury Wine Estates has accused plaintiffs law firm Maurice Blackburn and barrister Guy Donnellan of “taking advantage” of their privileged position by using evidence discovered in a settled class action to file a second case against the wine maker.

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Judge postpones signing off on GetSwift move to Canada until FIRB approval
ASIC 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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Rio Tinto execs’ trial vacated given likelihood of COVID-19 vaccine
Allen & Overy 2020-11-27 6:58 pm By Spencer Fowler Steen

A judge has vacated a seven-week trial in proceedings brought by ASIC against two former Rio Tinto executives to March or April 2022, after they requested a “lengthy delay” to ensure a COVID-19 vaccine would be available before they travel to Australia for trial.

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GetSwift not ‘fleeing the jurisdiction’ with Canada relocation bid, court told
ASIC 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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Government may block GetSwift’s relocation to Canada while litigation on foot
ASIC 2020-11-24 5:50 pm By Cat Fredenburgh

Treasurer Josh Frydenberg has indicated the government may oppose GetSwift’s bid to relocate to Canada while it’s facing a $50 million shareholder class action and ASIC enforcement proceedings, a move which a judge recently described as “not a good look”.

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Rio Tinto execs’ trial can wait until COVID-19 vaccine, court hears
Allen & Overy 2020-11-23 10:32 pm By Spencer Fowler Steen

A former Rio Tinto executive living in the US who wants to appear in person at an upcoming trial in a case brought by ASIC says the hearing should be moved to next year when a COVID-19 vaccine will likely become available and he could travel to Australia to “mount a vital defence”.

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