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ASIC conflated conduct of GetSwift founders, court told
Alan Shearer 2020-09-30 9:39 pm By Christine Caulfield Melbourne

ASIC’s case against GetSwift and its founders Joel Macdonald and Bane Hunter makes accusations against both directors but relies on alleged conduct by only Hunter, a lawyer for Macdonald has told a court on the last day of trial in the corporate regulator’s case.

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GetSwift won’t give up bid for judge’s disqualification in class action
Alan Shearer 2020-09-28 12:24 pm By Christine Caulfield Melbourne

GetSwift is keeping up its fight to have the judge overseeing a shareholder class action disqualify himself from the proceedings after overseeing the trial in the corporate regulator’s case against the logistics provider.

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GetSwift agrees to notify class of asset transfer outside of Australia
ASIC 2020-09-15 4:11 pm By Miklos Bolza Sydney

GetSwift has promised the Federal Court that it will inform the lead applicant in a shareholder class action if any of its assets are to be transferred outside of Australia, after the applicant raised concerns about the logistics company’s proposed relocation to Canada.

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GetSwift judge won’t disqualify himself from class action
Alan Shearer 2020-09-09 6:42 pm By Miklos Bolza Sydney

The judge overseeing a class action against GetSwift has refused to disqualify himself from the proceedings, rejecting claims that he could not be seen to approach the case with an “impartial mind” and taking a passing shot at the logistics company’s use of the Americanism “recuse” in its application.

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NAB units seek to shut down MySuper class action
Allens 2020-08-24 4:10 pm By Miklos Bolza Sydney

Two National Australia Bank units are trying to shut down a Maurice Blackburn-led class action over alleged superannuation mismanagement, claiming that the proceeding was invalidly commenced in the Supreme Court of Victoria.

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Class action wants GetSwift to give heads up if cash dips below $25M
Class Actions 2020-08-19 10:01 pm By Christine Caulfield Melbourne

The lead applicant in a shareholder class action against GetSwift and its managing director wants the logistics provider to give notice of any decision that would see its cash and other liquid holdings fall to less than $25 million.

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GetSwift directors’ decision not to take stand in ASIC case can’t be held against company, court told
Alan Shearer 2020-08-14 11:41 pm By Christine Caulfield Melbourne

The judge overseeing ASIC’s case against logistics provider GetSwift cannot draw any inferences against the company because directors Bane Hunter and Joel Macdonald did not give evidence at trial, GetSwift’s barrister has said during closing submissions in the case.

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GetSwift class action trial vacated as judge asked to recuse himself
ASIC 2020-08-13 10:15 pm By Cat Fredenburgh Melbourne

The judge overseeing a shareholder class action against logistics provider GetSwift and three executives has vacated an upcoming trial date, following an application that he recuse himself from hearing the case.

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Lawyers say judge has power to close class action with tweak to group member definition
Alexander Edwards 2020-07-31 10:35 pm By Alison Eveleigh Sydney

Lawyers running a class action against recycling company Sims Metal Management say the court has power to approve their bid to amend the group member definition that will effectively close the class, but the judge overseeing the case will appoint a contradictor to represent group members in a hearing over the application.

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Westpac defends AUSTRAC disclosures in shareholder class action
AUSTRAC 2020-07-15 7:02 pm By Miklos Bolza Sydney

Westpac has denied claims in a shareholder class action filed in the wake of AUSTRAC proceedings alleging 23 million breaches of anti-money laundering and counter-terrorism finance laws, saying the information the class action says it should have disclosed to shareholders “did not exist”.

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