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‘Troubled’ by costs in Monsanto class action, judge wants initial trial on Roundup cancer risk
Agriculture 2021-03-23 2:18 pm By Miklos Bolza Sydney

The judge overseeing a class action against Bayer-owned Monsanto has suggested a hearing by the end of the year on the cancer risks of the company’s Roundup products, saying judgment on that question would either encourage the proceedings to settle or end the case.

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Monsanto class action judge won’t rule on expert evidence in novel hearing
Anna Robertson 2021-03-11 10:07 pm By Christine Caulfield Sydney

A judge overseeing a class action against Bayer-owned Monsanto over its allegedly carcinogenic weedkiller, Roundup, has declined to rule on the admissibility of expert evidence in a hearing ahead of trial next year, despite concerns about the independence of the expert witnesses for the class.

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Security for costs not a matter of merits, CBA class action judge says
Alexandra Folie 2021-01-08 9:53 pm By Spencer Fowler Steen Melbourne

A fight over whether a class action applicant must fork over security for costs is not a matter of the strength of the case, says a judge presiding over a class action brought by superannuation holders against Commonwealth Bank of Australia and subsidiaries Colonial First State and Avanteos.

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Judge blocks lawyers’ access to docs in stayed Monsanto class action
Agriculture 2020-12-22 4:58 pm By Miklos Bolza Sydney

Lawyers for the lead applicant in a stayed class action against Bayer-owned Monsanto over its weedkiller Roundup cannot access discovered documents in a separate class action against the agricultural giant in advance of mediation next year.

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Former solicitor general to act as contradictor in GetSwift recusal appeal
Alan Shearer 2020-11-25 4:42 pm By Spencer Fowler Steen Melbourne

Former solicitor general Justin Gleeson SC has been appointed contradictor in GetSwift’s battle to have the judge overseeing a shareholder class action disqualify himself from the proceedings after overseeing the trial in ASIC’s case against the logistics provider.

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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 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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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 drafted correction to misleading ASX announcement, never released it, director says
Alan Shearer 2020-06-23 8:55 pm By Miklos Bolza Sydney

A former director of GetSwift has given evidence at trial in ASIC’s case against the logistics provider that the company drafted a correction to a misleading ASX announcement about a deal with fruit and milk delivery provider Fruit Box but never released it.

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