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Airbags class action judge failed to grapple with ‘unknowable’ explosion risk, appeals court hears
Appeals 2022-03-29 11:01 pm By Sam Matthews

The plaintiff in a class action against Volkswagen over allegedly deadly Takata airbags has told an appeals court his case was misunderstood by the trial judge, who found he failed to prove that cars fitted with the airbags were not of acceptable quality.

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Macquarie a ‘knowing participant’ in Connective shareholder oppression, court says
Allens 2022-03-28 8:57 pm By Miklos Bolza

Two directors of mortgage aggregator Connective engaged in oppressive conduct towards a minority shareholder and Macquarie Bank was a “knowing participant” when it acquired $5 million worth of shares in the company, the NSW Supreme Court has found.

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Greensill says insurer BCC liable for misleading statements if IAG right
Article 2022-03-22 3:01 pm By Christine Caulfield

Insurance Australia Group agent Bond & Credit Company owes damages for misleading representations to Greensill Capital if the insurer was not authorised to enter into a trade credit policy at the centre of four lawsuits over the collapse of the financial services firm, a court has been told.

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Third Nuix class action means beauty parade may be unavoidable
ASIC 2022-03-10 11:13 pm By Cat Fredenburgh

Technology company Nuix has been hit with a third shareholder class action over its troubled $1.8 billion float on the ASX, setting up what is likely to be the first beauty parade in the Supreme Court of Victoria since the state allowed class action lawyers to seek a cut of any settlement or judgment.

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Greensill insurer BCC, sacked manager dragged into cases against IAG
Ashurst 2022-03-02 11:00 pm By Christine Caulfield

Tokio Marine subsidiary Bond & Credit Company and fired underwriter Greg Brereton have been pulled into lawsuits targeting Insurance Australia Group over trade credit policies covering $4.6 billion in loans issued by the now collapsed Greensill Capital.

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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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GetSwift appeals judgment scathing of ‘PR-driven’ approach to disclosures
Alan Shearer 2022-02-22 10:28 pm By Christine Caulfield

Logistics company GetSwift and its directors are appealing a win for ASIC in the regulator’s case that alleged they breached their continuous disclosure obligations and engaged in misleading and deceptive conduct in the release of 22 ASX announcements.

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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

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

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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The class action settlements that came under fire in 2021
Adero Law 2022-01-12 6:04 pm By Christine Caulfield

If evidence were needed that courts are not rubber stamping class action settlements, the scrutiny of multi-million dollar agreements in 2021 is proof positive that judicial oversight of representative proceedings is robust.

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